20 months for prolific armed robber arrested in stolen car with stolen gun in Bayview
A prolific felon arrested by SFPD in a stolen car, with a stolen gun and with stolen credit cards that had been swiped in an armed robbery, was sentenced to 20 months’ imprisonment today in federal court.
Marcell Gross earlier pleaded guilty to one count of ‘being a felon in possession of a firearm’ stemming from the December 20 2021 incident. He was on parole following an armed robbery conviction in 2020.
Gross, 24, is perhaps best known for a series of robberies of MUNI riders in 2018.
“We have people out there on the streets who have the right not to be put in danger by people who are carrying around loaded weapons and who have a history of robbing people at gunpoint,” said U.S. District Judge Vince Chhabria this afternoon in courtroom 4 of San Francisco federal courthouse.
Gross has been in and out of pre-trial detention since the incident. In August 2023 he absconded from a “Convictions Alternative Program” placement and, when found, was again placed in custody.
On December 20 2021 SFPD officers were concerned to see a car double parked on Quesada Avenue in the city’s Bayview district. A records check on the gold-colored Mazda revealed it had been reported stolen.
A search of the driver, Gross, uncovered a Glock 10mm handgun tucked in his waistband. The weapon, which was loaded with five rounds plus one in the chamber, had been reported stolen the previous day.
Officers also found two credit cards which had been stolen two days previously in an armed robbery of a father and his 13-year-old daughter. A jacket stolen in that robbery was found in the Mazda.
A grand jury returned a one count indictment on March 10 2022 charging Gross with being a felon in possession of a firearm and ammunition.
MUNI robberies
In October 2018 police connected Gross to armed robberies committed by a two-man stick up crew. In one incident, in September 2018, a female victim was robbed at gunpoint – with the weapon being put to her head – after she was followed off a MUNI bus late at night. Only days later a man, again followed off a MUNI bus late at night, was threatened with death during a robbery. Shortly after that, the pair stole a laptop from a coffee shop setting off a lengthy foot pursuit which resulted in their capture.
“Three months after pleading guilty in connection with these 2018 crimes,” wrote Assistant U.S. Attorney Jared Buszin in his sentencing memorandum, “and while out of custody awaiting sentencing, the defendant was arrested again after he stole a cell phone from the hand of a victim who was waiting outside for a rideshare pickup.”
“At his August 2020 sentencing hearing concerning the 2018 crimes, the defendant pleaded no contest to charges related to the cell phone theft as part of a global disposition of the charges. He was sentenced to a two-year term of imprisonment and was immediately released after being credited with time served.”
And in February 2021, Gross was arrested driving a stolen vehicle in Brisbane after police spotted him in a car with no front license plate or registration tags.
As a juvenile Gross was arrested nine times for what prosecutors describe as “a series of escalating incidents” including “on particularly troubling instance of alleged domestic violence and possible sexual assault, which was ultimately not prosecuted for lack of sufficient evidence.”
In August 2018 Gross was witnessed punching his girlfriend in the jaw by a neighbor. A police investigation led to an accusation of rape by his girlfriend against Gross that was ultimately not proceeded with.
Today an attorney for Gross asked the court to impose a ‘time served’ sentence, praying-in-aid his upbringing in a group home and exposure to gun violence.
Prosecutors said that only a 27-month sentence would properly protect the public.
“I think that any sentence has to acknowledge that Mr Gross has presented a real danger to innocent people in the community and the message needs to get across that this has to stop.” said U.S. District Judge Vince Chhabria, handing down a 20 month term of imprisonment.
“I could imagine that if Mr Gross comes back before me on another crime of this nature then…it would be an above-guidelines sentence most likely. But I don’t think it’s time to disregard all the obstacles in his life…nor the efforts he has made to turn things around.”
“But I warn you that if you’re caught with a gun, or caught robbing somebody, or hurting somebody in San Francisco again, and you’re back before me, it’s going to be a much, much, much more severe sentence.”
Originally set for March 6, the sentencing hearing was postponed after a defense attorney appeared and asked for a do-over on the rather spare sentencing memorandum that had been submitted days earlier.
“I think that’s fine,” said U.S. District Judge Vince Chhabria on March 6. “I was a little surprised to see the sentencing memo – it was something I see every so often from CJA and, sometimes, from privately-retained lawyers but hardly ever from the federal defenders office so it is appropriate to continue the matter.”
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