SEATTLE — One of three defendants accused of being involved in a deadly gun battle in downtown Seattle in 2020 was found not guilty of murder and assault by a jury.
Marquise Tolbert and William Tolliver were charged with first-degree murder and six counts of first-degree assault.
Tolbert was also charged with first-degree unlawful possession of a firearm. He was found guilty of that charge and sentenced to 48 months in prison - a judge gave him credit for about 31 months already served.
Tolliver was also charged with second-degree unlawful possession of a firearm.
Prosecutors argued Tolbert was with Tolliver when they were involved in a gun battle with Jamel Jackson on January 22, 2020 at the corner of Pine Street and Third Avenue.
Jackson told a judge he was inside the McDonald's before going outside and exchanging words with the two before shots were fired. Jackson told the court Tolliver fired first, hitting Jackson in the right thigh. Jackson said he pulled out his gun when he saw Tolbert's gun.
Tolbert's attorney argued Jackson was the first to draw his gun and Tolliver was the first to shoot. "Marquise Tolbert was not the first to shoot. He wasn’t the second to shoot. And when he did so it was only because he was trying to save his life,” said Tolbert's attorney, Emily Gause.
Gause said the gunfire lasted six seconds. At least 24 rounds were fired, according to Prosecuting Attorney Brandy Gevers.
The gun battle took place during rush hour. Six bystanders were injured. A woman walking in the area was killed.