Robbery, burglary, gun charges in West Seattle dispensary stickup

(11:32 AM UPDATE: We have added the KCPAO’s news release, including information on charges against the youngest suspect, to the end of this story. In it, Prosecuting Attorney Dan Satterberg makes the same points that Seattle City Attorney Pete Holmes made in a story published on WSB yesterday – he says regulation is vital, and without it, the current unregulated proliferation “invites violence”)

ORIGINAL 10:01 AM STORY: The King County Prosecuting Attorney’s Office has filed charges in the Saturday night armed robbery at West Seattle medical-marijuana dispensary G.A.M.E. Collective. We are expecting additional information from KCPAO this morning but so far, court documents obtained online indicate the adult suspect, 24-year-old Donshae Dwayne Sims of Northgate (state Department of Corrections photo at right), is charged with first-degree robbery, first-degree burglary, and first-degree unlawful firearm possession (he’s a convicted felon, from an earlier assault case). The older juvenile suspect, 16-year-old Malik Heckard of Des Moines, is charged as an adult – which is why we are publishing his name, though otherwise we generally will not use juvenile suspects’ names – with first-degree robbery, first-degree burglary, and second-degree unlawful firearm possession. Information on the other juvenile suspect’s status is not available through the online court-records system, so we are waiting to hear from prosecutors.

Accompanying the charging documents is more information on how investigators say the heist unfolded (beyond what was contained in probable-cause documents made public on Monday and transcribed in our followup):

The narrative says the three suspects were “loitering” outside the business when the owner came out to ask what they were doing. They said they were “waiting for (their) aunt.” The owner asked if they had a medical-marijuana card, because if they did not, they could not enter the business. They entered anyway a few minutes later and began to ask “Where’s the bud?” When the dispensary’s owner told them they could not be inside, the narrative says, all three “pulled out semi-automatic pistols.” Sims allegedly closed the blinds so no one could see inside, and Heckard allegedly hit a dispensary employee in the head with his gun after forcing that employee to take cash out of the register. By that point, the narrative says, an audible alarm had been set off by a nearby business owner who heard what was happening; that reportedly panicked the robbers, who said, “We gotta get to the car.”

The story from there unfolded much the same way it was told in Monday’s probable-cause documents (reported here). The subsequent arrest saga has a few additional details – such as, police say Sims and Heckard confessed to the robbery, but the younger juvenile claimed he left before it happened. When arrested, the narrative says, Heckard was in possession of $401 in cash, the dispensary owner’s wallet, and a marijuana-smoking pipe. A surveillance video from a nearby business shows all three suspects were seen arriving in the area together.

Again, we’ll add additional information when it’s received from prosecutors, including arraignment dates. The robbery and burglary charges both include firearm enhancements, which means additional time if they are convicted. Besides the aforementioned assault conviction for Sims, the documents mention that Heckard’s record has a “diversion for attempted residential burglary” in 2007. Both remain in jail, according to the King County Jail Register.

ADDED 11:32 AM: News release from the King County Prosecuting Attorney’s Office:

A man and two teenagers have been charged with Robbery First Degree, Burglary First Degree and Unlawful Possession of a Firearm Second Degree for allegedly robbing a medical-marijuana dispensary in West Seattle on March 19. Donshae D. Sims, 24, faces a sentence range of 15 to 17 years in prison, and Malik D. Heckard, 16, who is charged as an adult, faces a range of 14 to 16 years. The third defendant, who is 15, is charged in Juvenile Court. He could be incarcerated for 3½ to 4½ years at a juvenile facility. The ranges include firearm enhancements on the robbery and burglary charges.

King County Prosecutor Dan Satterberg said that the rise in the number of medical marijuana dispensaries in our county and state make them potential targets for violence.

“Medical cannabis dispensaries have evolved to fill a gap in the law that does not provide a method for legitimate patients to obtain their medicine. They operate in a legal grey area and are largely unregulated as to time, place and manner of operation. They are also an obvious target for robbery because of the presence of cash and drugs.”

“We are very lucky that this armed takeover robbery did not result in death or injury, but it highlights the urgent need for legislative policy makers to establish clear guidelines for the medical use of cannabis,” Satterberg said. “In my view, if cannabis dispensaries are to be permitted, they should operate with strict requirements of security to protect their customers, and outside of residential areas to protect our neighborhoods. The present proliferation of dispensaries throughout the community will continue to invite criminal violence,” he added.

Sims and Heckard will be arraigned on April 4 at 9 a.m. at the Norm Maleng Regional Justice Center, courtroom GA. The juvenile defendant will have a decline hearing in two weeks where a judge will decide whether the youth should be tried as an adult. An adult conviction carries a sentence similar to that of Sims and Heckard. All three defendants remain in custody.

28 Replies to "Robbery, burglary, gun charges in West Seattle dispensary stickup"

  • regulator March 24, 2011 (10:17 am)

    *sigh

  • CandrewB March 24, 2011 (10:55 am)

    Where is the photo from? Please tell me KC does not refer to inmates as ‘clients”.

    • WSB March 24, 2011 (11:29 am)

      As noted in the copy, CandrewB, it is from the Dept. of Corrections. Whenever we have a major-crime story with a charged suspect who appears to have done time in state prison, we ask DOC if they have a photo – that’s the only public agency that routinely will make photos available; city and county do not. Not sure what the “client” designation is – perhaps badged for a meeting with a lawyer? as in attorney/client? – I will ask DOC – TR

  • Alki Resident March 24, 2011 (11:11 am)

    Im so sick of trash like this coming into our wonderful area causing harm and danger.Its sad how young these punks are,they should be in school and making a difference.

  • Live Here; Learn Here March 24, 2011 (12:34 pm)

    Pathetic that we’re so gd PC that anyone placed with the Dept. of Corrections (guilty or not) is called a “client”. Detainee would make me as a LAW ABIDING, TAX PAYING citizen of this state feel much better and more positive about the system.

  • Live Here; Learn Here March 24, 2011 (12:34 pm)

    Pathetic that we’re so gd PC that anyone placed with the Dept. of Corrections (guilty or not) is called a “client”. Detainee (before prosecution) and Inmate (after prosecution) would make me as a LAW ABIDING, TAX PAYING citizen of this state feel much better and more positive about the system.

  • Pam March 24, 2011 (12:43 pm)

    Hey Pete Holmes. Banks are regulated and they still get robbed. Following your logic on the public safety aspect of dispensaries the following businesses are public safety concerns: banks, convenience stores, ATM machines, jewelry stores and the list goes on. Don’t kid the public that once dispensaries are “taxed & regulated” that they’ll receive any more protection than the aforementioned *concerning* businesses putting the public safety at risk. Dispensaries want to become legitimate businesses and have their safety in mind as well as the their surrounding communities. Perhaps it is time to bring law enforcement and dispensaries together to learn how to be safer for everybody.

  • MeanDean March 24, 2011 (1:14 pm)

    Hey West Seattle! Isn’t it nice to have “legal” drug houses in your neighborhood now? This environment will be great for the kids won’t it? Robberies, soon to be shootings. more street dealing in the area, more impaired drivers, more druggies and maybe more prostitutes to go along with it. Why, this will be a FINE environment to raise our children in won’t it? Our “tolerance” of the “harmless” drug scene should be a great source of shame for us – especially when we call ourselves “parents”.

  • natinstl March 24, 2011 (1:25 pm)

    Holmes is an idiot-If they hadn’t of robbed a dispensary they would have just robbed some other type of business. People don’t just go around carrying semi automatic weapons all the time. How about doing something about the crime problems and the lack of punishment these people get after committing them rather than use these medical marijuana places as a scapegoat.

  • coffee March 24, 2011 (1:31 pm)

    Interesting picture, I thought when you were in jail you could not wear your street clothes or a necklace, which he has both on.
    And I think a 15 year old should be charged as an adult, he clearly knew what he was doing….

  • datamuse March 24, 2011 (1:46 pm)

    Well, there’s a simple solution to that, MeanDean…too bad the feds don’t seem inclined to go for it.

  • jns March 24, 2011 (3:04 pm)

    MeanDean, you sure are riding that slippery slope all the way down, aren’t ya?

    Other posters have it correctly, if it weren’t this place, it would have been someone/something else. They were out to cause trouble one way or another, they just happen to find a dispensary and took their opprotunity.

  • gatewood guy March 24, 2011 (5:56 pm)

    Maybe these guys would have robbed a different business, but the customers of that business generally don’t cause trouble. MeanDean has it right; these semi-legal drug houses will bring more dealing and more crime to our neighborhood. Don’t kid yourselves into thinking that this is primarly a medicinal establishment.

  • homesweethome March 24, 2011 (6:52 pm)

    I go to a pharmacy for all my prescriptions. If this is a prescribed medicine, why is it not being sold out of a regulated pharmacy? Just thought I’d throw that out there.

  • DBP March 24, 2011 (7:14 pm)

    Are all of you really serious? In what way does an establishment that is there to serve patients with the need for alternative medicine bring in more crime? As for more drug dealing, the fact that actual patients who need the medicine are going to these dispensaries rather than some shady street dealer is a definite plus. The need for these dealers is unnecessary for these people now. and prostitution? I mean come on now man, does smoking weed really make people want to be a pimp? your logic is completely flawed sir. I hope all of you can try to expand your narrow minds and except that these dispensaries of legal medicine are going to be around for a while. Deal with it, adapt and overcome.

  • DBP March 24, 2011 (7:20 pm)

    And also when you’re first checked into jail they take a mugshot in whatever clothes you’re wearing upon the time of arrest. You’re not actually issued a set of clothing until the whole booking process is complete.

  • Wild One March 24, 2011 (7:27 pm)

    If there were no semi-legal establishments stupid kids like these would continue to rob or at least attempt to rob illegal establishments in our beautiful neighborhood of West Seattle.
    A huge part of the value of marijuana is it’s illegal status. The risk factor gives it the value. For this reason the main folks in the business are risk takers. We have criminal risk takers and we have activist risk takers. And I’m sure we have plenty of gray area as well. But who are the majority of the customers? .. Not your stereotypical stoners but more like every day people. Our neighbors! People in our community who use it for recreational as well as medicinal purposes.
    If we were to legalize this herb it would effectively neutralize the dangerous underground economy that has built up around it.
    It’s really simple. Legalize it and tax it. And then focus on more important things. Geez..

  • gatewood guy March 24, 2011 (8:50 pm)

    @DBP – Spend an hour outside of this place and tell me how much you think their customers have “medicinal” needs. If you want to legalize and tax it, fine. Just put it under state control like liquor and don’t allow just anyone to open a drug house anywhere they want to.

  • Ames March 24, 2011 (10:43 pm)

    I saw part of this robbery unfold in the alley and am glad it was in broad daylight and we could see what was happening.
    The location of GAME Collective was previously a day spa, vacant until this place opened- I’d guess about 6 mo ago. As far as I know, the day spa was never robbed. The closest robbery that I am aware of is Papa John’s last year.
    I had a hunch about this place being a marijuana dispensary due to a sign posted outside, no new business opening news in the WS Blog, Herald, etc. I later confirmed my hunch in a Seattle Times article that had a link to a list of dispensaries across WA.
    I could care less if someone wants to smoke weed. Personally, I am anti-smoking of anything, don’t want to be around it and think it is a waste of time, money, etc. However, I think people who have a medical issue should have access to it. My stance was as long as there isn’t sh*t going on with this place, I don’t care if it is there. Now that there has been a robbery at gun point, in broad daylight, I am really uncomfortable with this business being there. At minimum, they need to implement some serious security and fast. I also question why a medicallly needed drug isn’t distributed through an online pharmacy or some other secure means.
    What if I or one of my neighbors had just come home, parked their vehicle and was caught up in the middle of this? Thankfully, we had been home for about 15 minutes and had walked. There were no gun shots, but that gun was waving around during the struggle and we were very aware that it could go off and there could be random bullets flying.
    How long will it be until someone else attempts a robbery at this location or another dispensary and someone gets hurt or killed???

  • JanS March 24, 2011 (11:26 pm)

    I must say, some people need an education. I am a 64 yo woman, private, law abiding…and I have a prescription for Medical Marijuana. I don’t go to the dispensaries in West Seattle. The one I go to remains locked during the day. You have to make an appointment to get in. You also have to have your letter from your doc, written on a special type of paper that cannot be copied (watermarks). When I originally got my rx I didn’t know that we had 2 dispensaries in this area. I have lived in West Seattle for over 36 years. I am not a stoner…I don’t want to be a pimp. And a prostitute? Laughable (remember, I’m 64). Yes, take some time, Gatewood guy, and get to know what it is you’re talking about.I will not go into why it was prescribed to me..suffice it to say that it has been very useful for me.

    Ames…what if you had stopped by your bank to make a deposit, and had been caught in the middle of a robbery? Same difference.I live within a block of 2 banks, a third a block farther away…all have been robbed at gunpoint. Should I feel uncomfortable with those businesses in my neighborhood? See how silly that sounds?

    If you live close to where this happened, and you saw a gun “waving around”, maybe you should have taken cover somewhere, instead of gawking at what was going down.I know I would be hiding. And, yes, I have been inside my apartment building looking out a window, when the police, with guns drawn, were chasing after one of our more infamous young miscreants. They were no more than 10 feet from me…and yes, not for long. I removed myself from the area.

    All I’m saying, people, is…educate yourselves. Ask questions, find out more than you think you know. It may surprise you.

  • yup March 25, 2011 (2:07 am)

    @gatewood guy

    ignorance. you have no clue what the medical needs people have by standing in front and looking at them. like DBP said, expand your mind and learn that there’s more to a story then what you may perceive. tell me what traits you are observing in these people that make u think they dont have medicinal needs. Is it perhaps their skin color? the fact that their bodies arent decaying? I just dont get it. you’ve blatantly stated that your staring at them and not actually communicating with them so it must be a physical feature that is turning you off.

    http://www.youtube.com/watch?v=D9Ihs241zeg

    try to put fourth some effort beyond what is being presented to you to discover a counter story. ” a stereotype is nothing but an incomplete story”

    JanS i love what you had to say. Honestly people, ignorance is not benefiting you. Take a second to realize that MAYBE this isnt so bad and isn’t so harmful…if i could CHOOSE to not have cancer i would have definitely taken that choice. If i could CHOOSE to not have horrible side effects to over the counter prescriptions i would have taken that choice. Well guess what, im dying without choice and because i want to pick a plant out of the ground and light it on fire in order to subside my pain i am being discriminated by people who refuse to take any research besides propaganda thats been presented to them. Perhaps there are people abusing the system and dont need medication, but theres certainly no one abusing pharmaceuticals like Oxycontin and Xanax right?

  • Live here. Learn here. March 25, 2011 (8:21 am)

    I still don’t see any answers, responses, rheteric, or general snide remarks as to why MEDICAL weed is not sold through a pharmacy and dispenced by a licensed pharmasist? I know not all retailers will sell the product, but get real people: mainstream the drug, then sell it through mainstream means. P.S. these little bastards need to spend some time in the big boy jail!

  • Alki Jon March 25, 2011 (9:52 am)

    Here is a simple answer Live here: the feds still have cannibus scheduled as a dangerous controlled substance alongside crack, meth, and heroin. Please sign the petition for prop 1149 to make using a non toxic flower legal for adults over 18 and lets bring some tax money into our state. Cannibus has been “mainstreamed” as medicine for thousands of years.

  • JanS March 25, 2011 (12:36 pm)

    well, this way that it’s done now means the state doesn’t have to get in the business of cultivating it, harvesting it, packaging it, to make sure the quality is good. I know I’m getting good, organic product right now. It’s a different grade than what one can get illegally on the streets. And, for the record, the dispensary that I am familiar with has already started taxing, and paying taxes to the state, although it’s not exactly required yet. They are just anticipating the change to that. Also, synthetic THC that one can get through regular pharmacies in pill form simply isn’t like the real thing. It doesn’t work as well.

  • bridge to somewhere March 25, 2011 (12:59 pm)

    on the subject of the suspects in this case: parents, if your 15 year old is hanging out with a 24 ex-con, that 15 year old is going to end up in prison quickly. the parents of these young men and those young men themselves need to find some adult responsibility . . . quickly. 15 and 16 year olds committing armed robbery in broad daylight on one of the busiest streets in west seattle? wow, great work kids, great work parents . . .

  • furor scribendi March 25, 2011 (6:06 pm)

    It is almost amusing to see what the pro-pot crowd will do to explain away the criminal element in their midst.

    An article from today’s Seattle PI online, highlighting the slippery slope of dispensaries and the sterling fellows who operate/frequent such places. Note the giveaway last paragraph on the gentle souls who resort to midnight violence for their weed. Read on? Right on!:

    “”Man gets prison for attempted pot robbery near Kirkland

    Posted by Jennifer Sullivan

    An 18-year-old man who was among five people involved in an attempted robbery at the Eastside home of medical-marijuana advocate Steve Sarich last year was sentenced Friday to just under eight years in prison.

    Dakota Laughren earlier had pleaded guilty to first-degree burglary and attempted first-degree robbery. His four co-defendants, Hristo Tzenkov, Jonathan Buell, Tyson Corcoran and Andrew Carrigan pleaded guilty previously and have been sentenced.

    At the time of the crime, Sarich was growing medical marijuana and running the advocacy group CannaCare out of his Kirkland-area house in the 11400 block of Juanita Drive Northeast.

    When he was awakened by his dogs about 3:30 a.m., Sarich grabbed a .22-caliber pistol from near his bed and went to search the house.

    Gunfire was exchanged, and one of the robbers, Tzenkov, was injured.

    Three of the five men charged in the botched robbery had either worked for Sarich or had a prescription to obtain marijuana from him, prosecutors said. “”

  • JanS March 25, 2011 (9:33 pm)

    furor…since I have frequented a Med MJ dispensary, does that mean you’re throwing me into th “pro-pot crowd”, like the guys who were convicted for burgling the Sarich house? I’m just curious. You say those words with a derogatory sounding voice, so I suppose I want to know what my community thinks of me.

    There is a criminal element in many things…the treasurer who absconds with the PTSA money…a bank employee who steals from the bank….an accountant who sets up phony companies and books so they can steal from their employer. What is the problem you have with medical marijuana? Do you not believe that it has it’s place in medicine?

    • WSB March 25, 2011 (9:44 pm)

      Just a quick interjection: The state regulation that local authorities are seeking may not be far away – the House Health Committee (chaired by West Seattle Rep. Eileen Cody) did indeed pass the dispensary-regulation bill that the mayor/council/city attorney support (see our story with City Attorney Pete Holmes the other day), and today, according to the Legislature website, it was referred to Ways and Means, which is the powerful committee that will decide if it moves on to the full state House for a vote. Rep. Cody voted for it in committee, Rep. Joe Fitzgibbon is our other House rep and I would guess he’s a yes vote as he was a co-sponsor of a broader marijuana-legalization bill earlier this year … TR

Sorry, comment time is over.