Case Explained: Prosecutors win first conviction in Mobile County under anti-gang law – Legal Perspective

MOBILE, Ala. (WALA) – A jury on Wednesday found a man guilty of drug and gun charges, marking the first conviction in Mobile County under a law designed to crack down on street gangs.

Marcus Dewayne Cobbs Jr., 24, of Mobile, faces 25 years to life in prison for trafficking marijuana to benefit a criminal enterprise. The Legislature passed the anti-gang statute in 2023.

“This case represents a turning point in how we combat organized crime in Alabama,” Mobile County District Attorney Keith Blackwood said in a statement. “The Criminal Enterprise statute was created to dismantle criminal networks, not just arrest individuals at the scene. Today’s verdict proves that when criminals organize, we will organize too and we will hold everyone involved in that criminal enterprise accountable.”

Prosecutors alleged that Cobbs was a member of a local street gang – in fact, that he was the founder of the organization. Mobile County Assistant District Attorney Stuart Lang played portions of rap music videos featuring Cobbs rapping about shooting people.

The law requires prosecutors to demonstrate gang membership through at least three criteria listed in the statute. Lang told jurors prosecutors had proven six – the defendant’s own admissions, in videos played for the jury; identification by a reliable informant; adopting the dress and style of a criminal enterprise; tattoos; associating with one or more members; and being observed in the company of one or more members.

“He is the OG,” Lang said. “He is the original. He is the top guy.”

Defense attorney Bucky Thomas accused prosecutors of trying to distract jurors.

“We’re here for what he was charged with, not the window dressing or circumstantial evidence the state is dangling in front of your face,” he said during his summation.

Thomas challenged Lang’s characterization of the lyrics in his client’s songs and said that, regardless, he has a First Amendment right to sing them.

“This is all up for interpretation, and it’s almost comical to have a DA up here telling you what these songs mean,” he said. “He doesn’t have a clue.”

The trial turned on testimony about drugs and a gun found on Nov. 4, 2024. A Dodge Durango that prosecutors said belonged to Cobbs contained more than 2.2 pounds of marijuana. And there was a gun underneath a grill in the yard. Cameron Hall, who originally was charged along with Cobbs and cut a deal with prosecutors to drop the charges, testified that his co-defendant ordered him to get the gun. Prosecutors argued that was “constructive possession,” under the law.

Thomas challenged Hall’s credibility, noting that he admitted that he lied to police.

“He’s got issues,” Thomas told jurors.

Thomas told jurors they don’t have to like Cobbs.

“He’s not coming to my kid’s birthday,” he said.

But Thomas said jurors had a duty to focus on the evidence and require prosecutors to prove that Cobbs possessed the gun and trafficked marijuana for the benefit of a criminal enterprise.

“There’s not one scintilla of evidence that he ever handled the gun that’s been put in evidence,” he said.

Sentencing is set for April 30.

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