A federal judge sentenced Marquise Tolbert to 39 months in prison Wednesday for gun and drug charges, significantly less than the 72 months prosecutors requested, despite his criminal history and broken promises following a 2022 acquittal on murder charges.
U.S. District Judge Tana Lin acknowledged giving Tolbert “a pretty big break” while expressing concern about his pattern of behavior. “There is, standing before me, someone who wants to be a good man, and who I do believe wants to do better,” Lin said. “What weighs on me in this case is you have a lengthy criminal history … you and guns equal a great danger to the public.”
The 30-year-old was convicted on federal charges stemming from a 2022-2023 drug trafficking investigation where FBI wiretaps indicated he illegally sold firearms and distributed drugs.
Tolbert was previously acquitted of murder charges related to a 2020 downtown Seattle shootout at Third Avenue and Pine Street. King County prosecutors alleged Tolbert and William Tolliver conspired to kill a rival gang member, firing 19 rounds that killed an innocent bystander and wounded seven others including a child.
Both men fled to Las Vegas after the shooting and were arrested a week later, facing murder, assault, and unlawful firearm possession charges.
At his 2022 jury trial, Tolbert’s attorneys argued self-defense. “He [Tolbert] was the third person to shoot and only shot because he had to, because he was being shot at,” defense attorney Emily Gasue said. “He’s devastated that there are people who got hurt.”
The jury acquitted Tolbert of murder and assault but convicted him of unlawful firearm possession. At his September 2022 state court sentencing, Tolbert told Judge Melinda Young, “I don’t plan on ever having a weapon again.” He received credit for time served and was released in December 2022.
Federal investigators said Tolbert immediately returned to criminal activity. “Tolbert abandoned that pledge and demonstrated his disregard for the law,” Assistant U.S. Attorney Michelle Jensen wrote in a sentencing memorandum. “He not only possessed firearms, but he also sold and facilitated their sale to others. He was also involved in another shooting shortly following his release.”
Jensen described the FBI investigation as a “scramble” to track guns illegally sold by Tolbert and others, with agents executing overnight warrants to stop transactions.
Tolbert was indicted on federal gun and drug distribution charges in June 2023, pleading guilty to unlawful firearm possession and conspiracy to distribute controlled substances in March 2025.
Defense attorney Carlos Santiago characterized Tolbert as “a good person who made bad decisions,” citing a troubled childhood including abuse accusations and violence exposure.
“As Marquise entered adulthood, the cycles of trauma and instability continued to shape his path, but his story also reveals resilience and capacity for growth,” Santiago wrote, noting Tolbert has been shot three times since 2019 and performed well in drug treatment programs at the Federal Detention Center in SeaTac.
Tolbert accepted responsibility before sentencing, discussing the impact of missing his child’s birth while in custody. “I knew I was wrong when I came to jail and got arrested,” he said. “At this age, I’m thirty years old now, I’ve got a plan.”
