Alysia Marburger

Alysia Kay Marburger

Homicide — SOLVED

Alysia Kay Marburger
27 YOA
Home Residence: Sabula, IA
Found: Area of Rock Creek cabins at 2829 U.S. 67
Camanche, IA
Clinton County
October 7, 2008

Case summary by Jody Ewing

UPDATE

Andy Cole sentenced in Marburger’s death

On Thursday, July 11, 2013, Andy Cole, 48, of Clinton, Iowa, was sentenced in Clinton County District Court to 10 years on one count of voluntary manslaughter and 5 years for assault with intent to commit sexual abuse in Alysia Marburger’s death.

Jail Photo
Andy Cole of Clinton was charged with First Degree Murder for the October 2008 slaying of Alysia Marburger. He pled guilty to two lesser charges.

Cole was charged last year with first-degree murder in connection with Marburger’s death, but on June 12, 2013, entered an Alford plea to the lesser charges of voluntary manslaughter, a Class C felony, and assault with intent to commit sexual abuse, a Class D felony.

According to the Clinton Herald, Clinton County District Court Judge Marlita Greve on Thursday also ordered Cole to pay $150,000 in restitution to Alysia’s family. Cole’s parole on a 2010 burglary conviction will be served consecutively with his sentences in connection with Alysia’s death.

Once Cole has completed his sentences, he will be on parole for 10 years and have to register as a sex offender. He will also be required to submit a DNA sample for profiling.


Alysia Kay Marburger, 27, was last seen alive leaving a friend’s apartment with Andy Cole about 2:15 a.m. October 7, 2008. The next day, her parents, John and Leone Marburger, filed a missing persons report with the Jackson County Sheriff’s Office.

Clinton County in IowaClinton County in Iowa
Clinton, Iowa
Clinton in Clinton County

On Oct. 13, 2008, Marburger’s white Hyundai Sonata was found near the 400 block of 10th Avenue South in Clinton. The keys were not in the car, and the driver’s side back window was partially down. On the floor behind the driver’s seat, family members found Marburger’s gray striped dress pants and her underwear. The screen display half of her broken flip cellphone was found on the back seat.

At 11:08 a.m. on Friday, October 24, 2008, Marburger’s partially nude remains were discovered in a ditch in the Rock Creek Cabin area at 2829 U.S. 67 in Camanche. She had a sweater and a bra on her upper body that were partially pulled up over her shoulders, but was unclothed from the waist down except for a black knee-high stocking.

Her white purse was found in a wooded area several feet from where her body was discovered. The other half of her cellphone was found across the road.

The Clinton County Sheriff’s Office, the Camanche Police Department, the Clinton Police Department and the Iowa Division of Criminal Investigation worked together on the murder investigation.

The Iowa State Medical Examiner’s Office in Ankeny conducted an autopsy two days after Marburger’s body was found, but the cause of her death was still undetermined, Clinton County Sheriff’s Sgt. Steve Cundiff told the Clinton Herald in an article dated Oct. 13, 2009.

The medical examiner’s office was never able to establish a cause or manner of death, though called the circumstances surrounding Marburger’s death “highly suspicious of a homicide.”

Alysia Marburger’s 2002 Hyundai was found on 11th Ave. South in Clinton before her body was discovered.

Miss Marburger lived with her parents at 608 River Street in Sabula, Iowa. She was the mother of a 10-month-old child and attended Clinton Community College.

John Marburger said he last saw his daughter when she left the family home the morning of Oct. 6 and headed for school at Clinton Community College.

Marburger drove a white 2002 4-door Hyundai Sonata with a University of Iowa license plate that read: MISSLEO. The rear passenger side tail light was broken out and had been taped, and there were scratches on the rear passenger door. Cundiff said the vehicle was found on 11th Avenue South in Clinton before her body was discovered.

The Marburger family offered a $5,000 reward for any information in the case.

Arrest Made, Charges Filed

On Friday, July 27, 2012, the Clinton County Sheriff’s Office announced the arrest of Andy Cole of Clinton in connection with Alysia Marburger’s four-year-old murder case.  Cole was charged with first-degree murder and held in the Clinton County Jail in lieu of a $500,000 cash-only bond.

Police said DNA found on Marburger’s body linked Cole to the crime. A sexual assault kit performed during the autopsy revealed DNA matching Cole’s profile. DNA found on a black knee-high sock Marburger was wearing when her body was discovered was also consistent with Cole’s profile.

Read the Complaint and Affidavit against Andy Cole (PDF File)

In December 2012, Cole’s attorney, Bruce Ingham, asked a Clinton County judge to consider a motion to dismiss the felony murder charges against his client. The defense argued that the bill of particulars and witness testimony in the case did not support the theory that a sexual abuse was committed. And, Ingham argued in the request, the state could not prove Cole committed the murder during the abuse.

According to a Clinton Herald article dated Dec. 14, 2012, Cole had admitted to having sex with Marburger in the back of her car but stated the sex was consensual.

The prosecutor, Assistant Iowa Attorney General Doug Hammerand, cited two sets of numbers pressed on Marburger’s phone during the time the alleged sex abuse occurred the night of her death. The Clinton Herald reported in the story:

At 2:55 a.m. the numbers “9112” were dialed, but the call was never sent. At 2:56 a.m. the numbers “8550” were pushed into the phone and send was hit. 

“At that time is when the State’s theory is Alysia is being murdered,” Hammerand said. “That was the last time, at 2:56, Alysia Marburger ever attempted to make a call or a send out a text. Her phone was lit up all night and that’s when it stopped.” 

Judge Marlita Greve said she would take the arguments under advisement.

Cole Pleads Guilty to Lesser Charges

On Wednesday, June 12, 2013, Cole entered an Alford plea to two lesser charges in Marburger’s death. An Alford plea means the defendant agrees a jury would likely convict during a trial, but it is not an admission of guilt.

As part of the plea agreement, Cole pleaded guilty to a lesser charge of voluntary manslaughter, a class C felony, as well as assault with the intent to commit sexual abuse, a Class D felony.

On Thursday, July 11, 2013, Clinton County District Judge Marlita Greve sentenced Cole, 48, to 10 years on one count of voluntary manslaughter and 5 years for assault to commit sexual abuse.

Greve also ordered Cole to pay $150,000 in restitution to Marburger’s family.

Cole’s parole on a 2010 burglary conviction will be served consecutively with his sentences in Marburger’s death. Once all sentences have been served, he will be on parole for 10 years and have to register as a sex offender. He also will be required to submit a DNA sample for profiling.

During the July 11 sentencing hearing, Greve said incarceration was an appropriate punishment based on Cole’s past criminal history and his role in Alysia’s death. Said Greve:

“You have been to prison before. You have a criminal record. You don’t have much of a job history and you really haven’t done much with your life to date other than commit crimes. And unfortunately at this point we have a crime where a young woman no longer is alive. She has a daughter who will not know her mother and we have a family that is still hurting and will continue to hurt for a long time.” – Clinton County District Court Judge Marlita Greve to Andy Cole during his sentencing hearing, as reported by the Clinton Herald, July 12, 2013

About Alysia Marburger
Alysia Marburger

Alysia K. Marburger (courtesy the DeWitt Observer)

Alysia Marburger was born Nov. 5, 1980, to John A. and Leone K. Marburger in Sabula. She graduated in 1999 from East Central High School, where she was a national honor student. She attended the University of Iowa and Clinton Community College Nursing School, and was preparing for the clinical phase of her Registered Nursing training.

On Monday, December 10, 2007, she became the proud mother of a beautiful little girl, Aviera Noelani, the pride of her life.

Alysia loved spending time with family and friends, especially her daughter. She enjoyed traveling, cooking and trying new recipes. While attending college in Iowa City, she catered meals for the Hancher Auditorium performers. Alysia enjoyed listening and singing along to all types of music from Rap to Classical.

She was survived by a daughter, Aviera Noelani; her parents; sisters, Jennifer White of Sabula, Melissa Marburger of Pella and Linda Milder of Sabula; her grandfather, Eddie Marburger of Sabula; and several nieces and nephews.

Alysia was preceded in death by her paternal grandmother and maternal grandparents.

Funeral services were held at 10:30 a.m. Saturday, December 13, 2008, at the Calvary Lutheran Church, Sabula, with the Rev. Robert Krueger officiating. Visitation was held 4 – 7 p.m. Friday, Dec. 12, at the church.

Pallbearers were Kenneth John Arnold, Derrick Arnold, Dalton Milder, Dave Marshall, Ken Marburger and Roger Campbell.

Alysia was buried in Evergreen Cemetery in Sabula.

Sources and References:

 

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5 Responses to Alysia Marburger

  1. Clinton County Sheriffs have arrested someone today named Andy Cole for her murder….finally some justice for Alysia and her family.

  2. Theresa says:

    Amen for DNA!

  3. Mike Byrne says:

    Well,It looks like Andy Cole is trying to get off on a technicality.I hope the judge denies him the technicalty and makes him stand trial.Let a jury decide if he's guilty or innocent.

  4. Mike Byrne says:

    The judge did the right thing when she sentenced Cole to serve his sentence consecutive to his other sentences,but it doesn't say if he has to serve his other sentences consecutive to each other.To keep him in prison for the longest amount of time the sentences should be served consecutively to each other with the longest sentence served first and the shortest sentence served last.In other words,he would need to serve the entire ten year sentence before he begins serving the five year sentence.Without knowing the amount of time he got in his 2010 burglary conviction.its hard to tell in what order that sentence should be served,but it should be served where he will do the maximum amount of time under Iowa law.He did get off very lucky for his crimes.Other states might very well have executed him for the same crimes.Thats what he deserves!

  5. James Harding says:

    Why a plea bargain.?

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