Last Thursday, long-time community activist Max Grossman filed a civil lawsuit against his former partner, Gabriela Marcelo, alleging that Marcelo filed criminal charges against Grossman maliciously and illegally wiretapped him. Grossman was arrested on a misdemeanor charge of family violence on September 4th, 2025.
The civil lawsuit filed by Grossman alleges that after Marcelo moved out of Grossman’s house unannounced on September 2, 2025, she “illegally intercepted, disclosed, or used the private conversations” of Grossman.
Grossman discovered a hidden “baby cam” in his home after Marcelo had moved out following the 911 phone call Marcelo made to police that led to his arrest on family violence charges. According to Grossman’s court filing, “Marcelo was listening to his conversations, undermining his legal” efforts the day after bonding out of jail via the hidden baby cam Grossman discovered after numerous conversations with his attorneys.
Grossman’s family violence criminal charges were dismissed last November through a pre-trial diversion program.
In addition to the allegation of illegal wiretapping, Grossman also alleges in his court filing that Marcelo “acted with malice” by filing the family violence complaint against Grossman that led to his arrest. Grossman’s filing stated that he “was innocent of the charge” and that Marcelo “did not have probable cause to initiate or procure the prosecution” of Grossman, adding that she “acted with malice.”
Grossman is seeking over $250,000 in damages and legal fees from Marcelo, according to the lawsuit filing, as well as exemplary damages against Marcelo for her alleged “reckless, wanton and culpable conduct.” The lawsuit includes allegations of mental instability by Marcelo throughout their relationship.
Dear reader, I hope you appreciate this article. Before reading more, I ask that you consider my work and make a small donation to help keep this publication open for everyone. El Paso lacks news diversity. I offer 20+ years of historical knowledge about El Paso’s politics and public policy. Media diversity matters. Make a small donation today to help keep my work going for another 20+ years. Thank you.
Grossman Raises Other Allegations Against Marcelo in Court Filing
The lawsuit discloses that after their daughter was born in March 2024, Grossman proposed marriage to Marcelo and that she declined to marry him. According to Grossman’s court filing, throughout their relationship beginning in September 2022 and ending in September 2025, Marcelo exhibited “erratic behavior” as well “as other psychotic episodes.”
The court filing goes on to detail examples of alleged excessive drinking by Marcelo which would result in her becoming “angry and aggressive,” and “becoming disoriented and lost.” Grossman alleges in the lawsuit that Marcelo at one point “threatened to abort” their child, also alleging that she threatened, “I am going to kill myself,” after Grossman attempted to end their relationship.
Marcelo Previously Threatened Us About Our Coverage
Marcelo previously reached out to us about our coverage of the Grossman case alleging that our coverage was “defamatory and harmful.” Marcelo demanded that we “stop and to remove every piece of content you’ve published about me.” She added that “further harassment will not be tolerated.” At the time we offered to interview her to address the allegations she made to us about Grossman. Marcelo did not respond to our request for her version of events and for details about the allegations she raised to us about Grossman.
In response, Marcelo wrote, “I am not providing you further information, nor am I engaging in a debate about matters you have not vetted.” She was alluding to the allegations she raised about Grossman but was unwilling to provide verifiable facts to back them up so that we could report them. She concluded with the demand for the “immediate removal” of our stories we had published and the “cessation of any further reporting” about the case.
Court records show three pending cases between the two, including a small claims filing pending in Justice of the Peace Precinct 7, this latest case and the pending case regarding their child. Marcelo, according to the court records, also has a pending case before the Justice of the Peace Precinct 2 filed by the State of Texas on January 5, 2012. It is unclear from the online records what this case is in reference to.
We will continue to bring you additional reporting as more information becomes available.