(WSB photo, February 3)

Nine days ago, we reported on an incident at LA Fitness in The Junction. The two suspects who were arrested are now each charged with three felonies.

The King County Prosecuting Attorney’s Office has charged Peter M. Rodrigue Jr. and Javier E. Garcia, both 18-year-old West Seattle residents, with two counts of felony harassment and one count of unlawful possession of a machine gun. The charging documents offer a few more details on what allegedly happened at the gym that Friday afternoon:

Rodrigue and Garcia are reported to have gone in and asked for guess passes. An employee told them that without a member accompanying them, they needed to become gym members or they needed to leave. The employee said, according to the charging documents, they “got upset and asked him what time he got off work and what kind of car he drove. (Then) Rodrigue told him, ‘We’re gonna smoke you!’ which made (him) believe and fear that Rodrigue intended to hurt or kill him.” The club manager then confronted Garcia and Rodrigue and reiterated that they needed to leave; prosecutors say “she began filming them and felt threatened by their actions. … On the video, officers observed Garcia and Rodrigue walking toward the exit. Rodrigue walked outside the business. However, Garcia stops, places a ski mask over his face, turns back around, and walks back toward the front desk. Garcia then flips off (the manager), turns back around and starts walking toward the front door. As Garcia walked out the front door he turned back around and moved toward (the manager, who) screamed at Garcia asking him if he now wanted to touch her. Garcia then starts slowly backing away but reaches his left hand into his jacket pocket and starts to pull out a handgun from the pocket while threatening (the manager).” Investigators say the two then headed for the garage, and police stopped them a short time later after blocking the entrance/exit. The car they were in belonged to and was driven by a third man who police determined was not involved, so he was released. Inside the car, though, they found the modified handgun reported in previous coverage – described in the charging papers as having “an uncommon protrusion from the rear of the slide of the firearm that was discovered to be an auto sear modification. This auto sear is a small plastic or metal device that can make any handgun a fully automatic weapon – in essence, a machine gun. Auto sears are illegal at the city, state, and federal levels.”

The charging documents reveal a twist, though – police say the modified gun is not the one they allege Garcia was pulling out of his pocket. The images above are from the manager’s video and included with the police-written narrative in the charging documents, which goes on to say:

It was clear on the video footage that Garcia produced a firearm while threatening (the manager). However, the video footage was reviewed further and it was discovered that the firearm that Garcia used to threaten (her) was NOT the firearm that was recovered in the vehicle floorboard where Rodrigue was seated. The firearm in the video footage clearly does not show an auto sear device attached to it. By the time this discovery was made, (the driver) had long left the area with his vehicle. It is believed that Garcia hid the gun he was carrying within the suspect vehicle prior to being removed from the car by police. Officers at the time believed that the gun recovered from the front passenger side floorboard was the gun used by Garcia in this incident. The vehicle was not searched during the investigation before (its owner) was released with it.

Rodrigue has been in jail ever since his arrest that day, initially held on warrants from a robbery case in Auburn and a juvenile burglary case; his bail now totals $110,000. Garcia’s bail was set at $5,000 the day after the incident and he got out on bond; that remains his bail amount and he remains out of custody. He has no known criminal-conviction record, while Rodrigue has a harassment conviction. Both are scheduled for arraignment February 22nd.