A man who reported that he got in a shootout in Federal Way prior to selling and buying firearms was sentenced to just over three years for gun and drug charges.
On Oct. 1, a federal judge sentenced Marquise Tolbert, 30, of Tacoma, to 39 months in prison for drug trafficking and illegal firearms possession. This follows Tolbert’s guilty plea on March 14.
According to the U.S. Department of Justice, Tolbert’s gun charge was punishable by up to 15 years in prison, and the drug charge was punishable by up to 20 years in prison. But under the terms of the plea agreement, prosecutors recommended no more than seven years in prison for both convictions.
Investigators discovered his involvement in buying and selling guns, which was revealed through a wiretap capturing his discussion of a Federal Way shooting he was involved in near 1810 S. 272nd St. According to the DOJ, Tolbert distributed controlled substances, including oxycodone, that were being shipped to Washington state from Arizona.
According to court documents, investigators with the FBI Safe Streets task force, the Drug Enforcement Administration and the Seattle Police Gun Violence Reduction Unit were investigating a drug trafficking organization when, on May 28, 2023, Tolbert and his co-conspirators were heard on a wiretap discussing a shootout in Federal Way that morning that police confirmed.
Court documents further describe that Tolbert said he was shot in the arm during the shooting, and it is believed he was using his XD-M Elite pistol in the shooting. After the shooting, he sold that gun because of its involvement in the shooting, and he was seeking to purchase a new firearm that was not connected to any crimes.
Tolbert also stated in that phone call that he had three bullets left in the magazine. He was heard on the phone saying that he was trying to sell his pistol for $800 or $1,000 because he needed another $1,000 in order to buy an FN-model gun. Tolbert then told the person he was speaking to that as soon as he got that gun, he was going to rob a drug dealer for all his pills because he would have no money left over after buying the gun.
Tolbert then bought an FN-model gun on May 29, 2023, leading officers to arrest the gun seller. When the gun seller was arrested, he had $14,000 in cash and three firearms, which were all transported in interstate or foreign commerce, documents state.
On June 1, 2023, investigators heard Tolbert on a wiretap agreeing to buy another gun in Renton, documents state. In that call, Tolbert asked if the gun had a full magazine because the bullets were expensive, and he then agreed to meet with the seller. Tolbert then purchased the firearm in Renton and then drove back to his home in Tacoma.
That same day, investigators followed Tolbert to his home, and a warrant was executed. The firearm he bought in Renton was a Ruger-57, which was found to have been transported in interstate or foreign commerce before being possessed by Tolbert.
The DOJ stated that Tolbert was previously charged and acquitted in state court in a 2020 downtown Seattle mass shooting. According to the DOJ, Tolbert was involved in a gang shootout at 3rd Avenue and Pine Street in downtown Seattle, resulting in the death of one woman and the injury of seven other bystanders.
The DOJ stated that Tolbert was acquitted of murder and assault charges connected to the case, but he was convicted of illegal firearms possession. His attorneys argued he was not the first to fire in the gang-related shooting.
