Wanted by two counties and a history from 2009 with offenses increasing in seriousness; why was Marcus Allen Asbury given probation and a plea deal in his 2011 case?

Marcus Allen Asbury was given four years formal probation for this case which was filed in 2011. That case was a felony sex offense. He was sentenced for the 2011 case on January 26, 2015.

The original charges were Counts 1 to 4, four counts of unlawful sexual intercourse with a minor (more than three years younger than the defendant); Counts 5 and 6 Sexual penetration by a foreign object; Count 7 forcible rape.

 He plead guilty before the preliminary hearing. As a part of that plea deal, he plead guilty to Counts 1 and 2 and Counts 6 and 7. Counts 3, 4 and 5 were dismissed.

In 2009, he was convicted of a DUI. These were misdemeanors. Count 1 Driving under the influence; Count 2 Possession of marijuana while driving; Count 3 Failure to provide financial responsibility and Count 4 Not being registered.


From 2009 to 2015 he has six traffic/infraction cases and charges varied for each case but included not being registered, unsafe speed, no current registration, not licensed, failure to provide financial responsibility.

Aug 18, 2016

Man who fled from Sheriff's Sergeant had a no bail felony warrant for four counts of unlawful sexual intercourse with a minor

On 08/18/2016 at 10:09 a.m., a Humboldt County Sheriff’s Office Sergeant contacted illegal campers at a site in the wooded area near 987 Redwood Drive, Garberville.

The Sergeant contacted two subjects who were found to be trespassing on private property.  One of the subjects was identified as Marcus Allen Asbury (age 26).  The Sergeant knew that Asbury is a wanted fugitive who has a felony warrant for his arrest.  When attempting to place Asbury under arrest, he resisted, and a Taser deployment was ineffective.  Asbury fled down a steep canyon and the Sergeant discontinued his pursuit.  Asbury made his way to Highway 101 and was last seen running towards the Sprowel Creek overpass.  Officers from the California Highway Patrol responded for assistance and canvassed the area.  Officers were unable to locate Asbury and he remains outstanding. 

Asbury is described as a white male adult, 5’7”, 150 lbs., short brown hair, and blue eyes.  Asbury was last seen wearing black shorts and a white tee-shirt.  Asbury currently has a local no-bail felony warrant that includes four counts of violation of PC 261.5(c); unlawful sexual intercourse with a minor.  Asbury also has an extraditable warrant from the Lassen County Sheriff’s Office for resisting arrest and providing false identification to a peace officer.