CRIME WATCH FOLLOWUP: Window-smashing suspect released from jail (update: now charged)

The 48-year-old man arrested Monday morning after a window-smashing rampage at the Morgan Junction Starbucks got out of jail tonight. The King County Prosecuting Attorney’s Office told WSB they had hoped to receive enough information for a charging decision today – but a key piece of evidence was missing: Seattle Police detectives needed a damage estimate from Starbucks, and couldn’t get it. KCPAO spokesperson Casey McNerthney says that’s “a required element to prove that the damage was a felony crime. Even though that seems obvious, the court needs that information under the law.” He says the KCPAO “also tried to loop in contacts from victim business (at the corporate level) to get that necessary information by the 2 p.m. deadline.” But they didn’t have any luck either. Without charges being filed, the suspect had to be released. But McNerthney adds that “SPD is still working on the case right now. We appreciate their great work, and we’re hopeful to have that required damage estimate and case referred this week. We know it can be difficult for businesses to get that required info within 72 hours too – those are frustrating constraints in the law and court system. King County prosecutors will act on this case immediately when we get the case referral from police.”

The document from a probable-cause hearing in the case on Tuesday summarizes what a Morgan Starbucks representative wrote in a comment on our original story, that the man came into the store and became agitated. They offered him water; he refused. He “then began to yell and escalated into an aggressive behavior. Employees of the store were able to usher the suspect out of the door successfully and locked the doors … to deny access to the suspect. The suspect tried to regain access to Starbucks by pulling the main doors multiple times. The suspect noticed that the doors were locked, and this caused him to escalate his behavior even further. The suspect infuriated grabbed a metal table that was located outside and property of Starbucks. The suspect then used the table to break 4 double-paned 8×8 windows.” It was recorded on video; this frame grab was sent to us anonymously:

No injuries were reported. The suspect has one King County conviction, a criminal-trespass case in Auburn, for which he served more than three months in jail earlier this year.

THURSDAY 2:41 PM UPDATE: A felony charge has just been filed, one count of malicious mischief, against the suspect, Gerald R. Hochstadt. He remains out of custody, released just after 6 pm last night, but now there’s a $15,000 arrest warrant. Separate story to come.

KW August 31, 2022 (8:46 pm)

Thank you for the update! I am so glad nobody was physically hurt, but this makes me so angry! I hope laws will change. It’s so unfair for such a burden to be on the victims.

Roms August 31, 2022 (9:07 pm)

Write to your state legislators, the three of them. Let them know. Otherwise, nothing will change.
Mike September 1, 2022 (6:50 am)

This one falls on corporate starbucks it’s fairly simple to get an estimate within 72 hours I’m appalled also !!
- alki_2008 September 1, 2022 (7:53 pm)
  
  Have you tried getting a window estimate within 72 hours lately? Not just for the windows themselves, but also for the labor for install.
  - Mike September 3, 2022 (8:17 am)
    
    No I haven’t, I’m also not worth what starbucks is worth nice comeback though.

Chrissy D August 31, 2022 (10:25 pm)

Too many loop holes that favor the criminals. A damage estimate is needed to prove it’s a felony crime? Give me a break.

OneTimeCharley September 1, 2022 (1:32 am)

Not a lawyer, but it sounds like a 72 hour rule. Either charge them or let them go. I believe this is a right guaranteed by the U.S. constitution. Now that said, I guess it’s down to whether the crime is a misdemeanor or a felony as to whether our area courts will actually hold on to someone versus letting them go. If the documentation is not completed in order to charge a felony, then by default it becomes a misdemeanor charge and poof…disappeared. Not sure the 72 hour rule to charge someone can be adjusted upwards (doubt it), but I know the other solution would be to actually hold some misdemeanor cases instead of releasing them to reoffend; over and over and over. This, however, then means that simply charging someone with misdemeanors (lower level of proof and documentation) can be used inappropriately to ‘punish’ by process some minority members of our community, and keep them in jail for low level criminal activity. What seems to be missing is a way to stop the repeat misdemeanor offenders that are turning it all into a game.
B September 1, 2022 (4:16 am)

Agreed!! What we need to do is force our candidates for (insert elected position here) to run on platforms that focus on the myriad of tiny laws like this that need to change in city, county, state law/code, whatever. For example, a SIMPLE change to allow past case law examples (similar cases) to inform the police of the rough cost within $2,000 should be allowed in lieu of the business providing a formal estimate. I’m sure similar cases in Cap City, Ballard, ID, etc can easily provide this number from recent receipts of the same scope. Just hope it’s $10k and a penny, if that’s the felony level. But what a joke that the victim can’t petition the court for a 48 stay of the orders, if it’s based just on this arbitrary $ #. Booooo. We need candidates who will change this. Does the perp get drug tested or evaluated for mental health before being released? No? Write in a law that requires it. Why can’t we be this specific with changes to our horribly ‘considerate of criminals’ crime laws?
- OneTimeCharley September 1, 2022 (11:40 am)
  
  It makes me think B that maybe the “estimate” from the property owner (Starbucks in this case) is being misconstrued as meaning a formal estimate from a repair contractor. It may simply mean a statement from the property owner stating how much they expect it to cost to repair the damage. If this was explained more fully to the property owner then perhaps the “estimates” cease to be the hinderance that they seem to be at present. Again, just spit balling since not a lawyer here.
- Mike September 3, 2022 (8:20 am)
  
  Felony starts @ $750.00 from what PD on scene said.
Mr Coffee September 1, 2022 (7:38 am)

Agree. When will Seattle wake up and start getting their act together on crime. A no accountability justice system.The bad go free and law abiding citizen pay the price.
Derek September 1, 2022 (8:48 am)

Oh come on. Locking these people up do what exactly? Nothing, as crime continues when they leave. Lock them up forever, for breaking windows? Fascism precedent. The easiest solution is to scrap the awful hyper capitalism model of economics and have the working class take control. Syndicalism is needed badly. We need more mental health facilities and to incentivize healthcare work above jobs like police, software, etc.
- SocialismSMH September 1, 2022 (5:37 pm)
  
  Derek, are you saying that if we turn over every business to the workers, that those workers will implement a health care system to take care of everyone, cost be damned? And that none of those workers would try to keep a little bit more for themselves, you know, since they are working harder than the people they are helping? Socialism on paper is just as effective as capitalism on paper, but neither are ever practiced as written. If I had a dollar for every time socialism worked, I would have zero dollars. But if it actually did work, I would still have zero dollars.
- Admyrl Byrd September 1, 2022 (10:34 pm)
  
  It’s not fascist to insist on holding people for crimes committed. Not talking forever, but this “catch and release” is not acceptable either. Don’t care if it’s in KC Jail or a mental facility, they just have to be off the street until such time that it’s reasonable to think they won’t cause more risk to health and property of taxpaying citizens. You’re advocating for some utopian vision that abdicates any level of self-accountability for living as a responsible citizen in a society.
- Mike September 3, 2022 (8:21 am)
  
  Agreed!
wscommuter September 1, 2022 (11:42 am)

The 72-hour rule is a creation of the state legislature. The U.S. Constitution simply bars incarcerating accused persons without due process. Each state can then define what that means and here in WA, we require charging documents within 72 hours to charge a felony. The dollar requirement is likewise a creature of statute. While it is self-evident that the damage done was in excess of the minimum dollar amount necessary to establish Malicious Mischief in the Second Degree (felony-level, as opposed to MM 3rd degree, which is a misdemeanor) (and likely this is MM 1st degree, given the cost of glass), it is still a requirement that there is actual evidence to support the charge and not just someone’s estimate or guess. We are a country of laws, as frustrating as that can be in an instance like this. I am surprised Starbucks couldn’t be more nimble in responding. Seems like a no-brainer for them to get that data to KCPO.
- OneTimeCharley September 1, 2022 (3:35 pm)
  
  Thank you WSCommuter for the information. At least now we know which specific tweaks to the system we can and cannot make. I think it’s important for us to all understand this every time we see this indicated as a reason that there was no felony charge filed. In this case, and probably in many, it is the property owner not acting expeditiously enough which is turning some of these folks back out on to the streets. I bet nearly all of them are clueless that they are part of the problem rather than part of the solution. Interesting.
  - Admyrl Byrd September 1, 2022 (10:37 pm)
    
    I’m not sure Starbucks has a legal and property management team that is geared to respond in 72 hours for every criminal act done to their property. Let’s be real; I’d have a hard time coming up with an estimate in 72 hours if someone broke four of my windows considering my ongoing job responsibilities, care for family members and the challenges of getting anything estimated in this city (much less actually repaired).
    - OneTimeCharley September 2, 2022 (12:08 pm)
      
      So in this case a criminal now has a warrant, but is not in custody. Those damages above $5,000, from what I read above, can get someone a felony charge and thusly held in jail. Damages guesstimated to be above that amount by the property owner should get priority in acquiring an estimate, no? After all, the now free perpetrator can simply return and do it again; possibly even again, and again, and again, and again. Getting an estimate for above $5,000 in damage to property isn’t a hardship. I think I will bring it up to a West Seattle Chamber of Commerce representative as perhaps a polite reminder to all of it’s members that we can all do our part to rid the community of these violent people. The damage they do to property is secondary to the damage they inflict on us all, particularly the folks who had to deal with it that morning.

Kris August 31, 2022 (10:45 pm)

That looks like Joe Rogan.

Joe September 1, 2022 (4:51 am)

Well, at least they’re getting tough on leaf blowers!

anonyme September 1, 2022 (6:12 am)

These days you’re lucky to get any kind of return call from a contractor, much less an estimate in 3 days. Absolutely ridiculous that charges hinge on what is essentially an impossible requirement. At the very least, this guy should have had an inpatient mental health evaluation; oh wait, there’s no such thing, nor are there those mental health counselors that were to ‘replace’ police. What a cluster.

WS Res September 1, 2022 (4:49 pm)

At the very least, this guy should have had an inpatient mental health evaluation; oh wait, there’s no such thing, nor are there those mental health counselors that were to ‘replace’ police. You can thank the Police Officer’s Union (threatening the city if the city “shaves” jobs away from police to be given to non-officers, never mind that they don’t have the officers available nor are officers trained to be mental health responders) and the people who freaked out over the idea of “defund the police” (who convinced the mayor and city council to walk back their plan to take unused funds from the police budget to pay for standing up Triage One and other alternative responses) for that. We don’t have those services because no one wanted to pay for them with taxes, public outcry over taking away some of the police’s bloated budget scared public officials away from change, and now the union is defending “its turf” and standing in the way of progress. Meanwhile people still suffer on the streets and businesses and housed people suffer the results.

Helpermonkey September 1, 2022 (6:41 am)

heard that the Enterprise rental location up the hill on 35th had windows smashed on a bunch of cars that morning. I wonder if that was this guys first stop before terrorizing Sbux?

Fred September 1, 2022 (7:53 am)

It’s obvious, based on the photos and eye witnesses, that a felony occurred. King County government is more interested in protecting criminals than citizens. Now, the guy who attacked will do it again and more people and property will be harmed.

Mrs. Myrtle September 1, 2022 (8:55 am)

Hopefully he doesn’t return to West Seattle post this release.

Buddsmom September 1, 2022 (9:13 am)

Windows are boarded at the liquor store and Kazuki Ramen……related???

WSB September 1, 2022 (10:30 am)

Haven’t heard direct reports from either location nor tips (which again is why we heard this one in the first place). Looking at the call log via tweets by beat, recent calls that could be related were 8/27 at 42/Alaska and 8/30 at an address that could be the liquor store (SPD redacts all but the first two numbers so it’s for example just listed as 47xx 42 Av SW) – TR

Mj September 1, 2022 (10:33 am)

KW is right it’s not fair to put the burden on the victim. It’s time to make the perp pay for the damages they caused!

Sillygoose September 1, 2022 (11:03 am)

Is this the guy who has sold” Real Change papers in front for years?

anonyme September 1, 2022 (12:55 pm)

That’s what I’ve been wondering. I saw him in the Junction last Sunday, and his condition has deteriorated. He was yelling and smashing things. He usually wears a reflective vest.
Hannah September 2, 2022 (12:48 pm)

I think that man’s name is Mark, which doesn’t match the name in the WSB’s follow up. The picture in the follow up doesn’t look like Mark, either.

Insertname September 1, 2022 (12:36 pm)

Of course he was released. These days the criminals have more rights than law-abiding citizens. And just look at all the damage he caused. I guarantee he reoffends in less than a week.