16 months for violent felon found with automatic gun during SFPD traffic stop
A just-released violent felon, found with an automatic firearm after SFPD officers spotted him driving unsafely, was sentenced to 16 months’ imprisonment in federal court this morning.
Dequan Marshall was pulled over by SFPD on February 22 2023 for speeding through a four-way stop intersection. He was visibly nervous, said prosecutors, and dissembled about his identity. Officers ultimately learned who he was, and that he was on parole, at which point he fled and led them on a foot chase before being captured.
A Glock 19 handgun was found on the driver’s side seat floor. The weapon had an extended magazine loaded with 30 9mm rounds, and was equipped with an automatic fire switch.
Subsequent test firing confirmed that the firearm was operable in fully automatic mode, said prosecutors. Marshall’s DNA was found on the cartridges loaded in the weapon.
“Having a Glock 9mm Luger is of exceptional concern and does not warrant a nine month sentence,” said U.S. District Judge Trina Thompson this morning.
Defense attorneys had asked her to impose a ‘time served’ nine month term of imprisonment, while prosecutors insisted that only a 41 month sentence would adequately protect the public.
Marshall, 27, had earlier pleaded guilty to one count of being a felon in possession of a firearm.
He had been released from prison four months earlier having been convicted of ‘assault with a firearm’ in San Francisco after he tried to kill two people in 2017. While in prison, prosecutors say, he “viciously” beat another inmate and faces assault charges for that attack.
Marshall was bailed last year by U.S. Magistrate Judge Alex Tse. He was returned to custody in June 2024 after prosecutors said “he continually violated the terms of his pretrial release.”
The court heard that during this period he appeared in a rap video with known gang members. That video – which the judge acknowledged “did have some disturbing content” – was filmed after the funeral of Marshall’s cousin.
Marshall’s attorney told the court that his pretrial release violations came as a result of his juggling competing work and family commitments which he failed properly to communicate to officials monitoring his compliance with pretrial rules.
Prosecutors say that Marshall is an associate of the Westmobb/Mobbstarz gang.
This morning in courtroom 9 of San Francisco federal courthouse, Marshall was sentenced to 16 months’ imprisonment.
“I’m far from perfect,” Marshall earlier told the court. “I made messed up decisions but I feel like I know how to correct them, to make better decisions.”
“The court is prepared to use a variance and the statement of reasons have already been provided,” said Judge Thompson. “including the fact that he has not had guidance as a youth and that he was making progress with regard to post-release supervision.”
The judge noted that there had been “a backsliding moment” which gave her pause.
The judge told Marshall that, if he obtains his community college degree, she would attend the ceremony and award it to him herself.
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