Spokane7
59°
October 3, 2011 in City
Spokane woman shoots would-be marijuana thief
A medical marijuana farmer shot a man in the head today who she said was trying to steal part of her backyard crop, Spokane police said. His reputed accomplice is at large and possibly wounded as well.
Officers found the man in the 2100 block of East Empire Avenue about two hours later with a gunshot wound to his skull but “for whatever reason he was walking and talking,” said Officer Jennifer DeRuwe, spokeswoman for the Spokane Police Department.
The man, whose name has not been released, was taken to a hospital for treatment and his condition was not available Monday. DeRuwe said a second man may have been shot but has not yet been located by police, and his accomplice will not identify him to police.
A neighbor alerted police to the shooting at 1023 E. Gordon Ave., about 10:20 a.m., about 20 minutes after it happened, DeRuwe said.
No one has been arrested, but officer still are trying to sort out whether the homeowner was justified in shooting at the men, DeRuwe said.
The woman, who did not call police after firing the shots, has a medical marijuana authorization, DeRuwe said. Police are investigating possible marijuana law violations.
Human trafficking suspects released 
Slightlyworried on October 03 at 6:07 p.m.
All she has to say is “I feared for my life” and Tucker won’t charge her regardless of whether she was justified.
mrd on October 03 at 6:15 p.m.
Gee, maybe Idaho can get a medical mj law – stupid idea!
hollyjoe on October 03 at 6:23 p.m.
I’m sure if they look around they will be able to find a rock to justify it
misjustice on October 03 at 6:24 p.m.
I wonder what her weapon of choice was?
Prime time for stealin’ outdoor grown weed; it’s in flower now.
From the article,“for whatever reason he was walking and talking,” said Officer Jennifer DeRuwe, spokeswoman for the Spokane Police Department.
One more example of the depth of intelligence of the SPD’s spokesmodel…geez, Jen.
The_Seer on October 03 at 6:24 p.m.
^^^^^^
What is “stupid” is wasting trillions of dollars enforcing laws telling consenting adults what they can do with their bodies.
Here is something not “stupid:” If you don’t like marijuana, don’t use it.
The_Seer on October 03 at 6:27 p.m.
My Peep!
You are right about the outdoor crops. That’s why we see all those helicopters in the air in rural areas surrounding our fair city.
I also agree with your assessment of Deruwe. She’s not exactly the sharpest knife in the drawer. Oh wait, maybe she is….
Then there is that regular Einstein Marlene Feist, the city of Spokane’s mouthpiece. Where do they find these gals?
misjustice on October 03 at 6:28 p.m.
@ Seer, any bet that the woman that shot the guys will be in more trouble for the weed than the shooting?
detroitdude on October 03 at 6:46 p.m.
Of course, medical marijuana patients wouldn’t really need to grow all of this in their back yard had that moron Ormsby not shut down EVERY SINGLE dispensary.
bdr on October 03 at 7:28 p.m.
The gal has to shoot 35000 more to look like Mexico.
johnclarke on October 03 at 7:41 p.m.
Well, anyone that disputes the power of weed on helping the medical issues with your sight is clearly all wet. Head shot, speaks to her obviously enhanced vision.
Kivaari on October 03 at 8:31 p.m.
Funny stuff, If this had been a Spokane cop shooting a fleeing man there would be an uproar. The pot grower violated federal laws. She can not have a gun and be in posession of a gun. Just last week there were a series of articles about how the DOJ and the BATFE say a medical marijuana card doe not permit a user to own a gun. On the gun purchase form there is a question about “Are you an unlawful user of …marijuana…”. Under federal law, you can’t be a legal user. If these people were trespassing and trying to steal some of her vegetable garden, she could not legally shoot at them. You can defend yourself with reasonable force. But you can’t shoot someone for stealing garden plants in your backyard. She needs to get arrested by the feds.
1sgdavo on October 03 at 8:47 p.m.
JohnC she was aiming at his shoes.
selkirk on October 03 at 9:31 p.m.
Why did she tell the coppers that the thieves were running away??? Just say they came in the house and fired the gun. Make the D.A. prove beyond a reasonable doubt to a jury that they were running away. Now, she will probably face charges and if they want to, the feds could come in and charge her too.
Local cops care less about guns & mmj as long as you are within the state guidelines for number of plants, amount, and you are not selling it. Even had a friend who was served a search warrant and once the coppers verified he was within the state’s guidelines, they couldn’t have cared less for the .45 he had locked away in his closet.
Oh, and if anyone wants free pot, 1023 E. Gordon Ave… just dodge the bullets or have a thick skull!
gmorton on October 03 at 9:37 p.m.
Kivaari wrote,
“Just last week there were a series of articles about how the DOJ and the BATFE say a medical marijuana card doe not permit a user to own a gun.”
A pot user does not need a medical marijuana card to own a gun. Nor does she need the permission of the DOJ or BATF. The 2nd Amendment guarantees her right to own a gun, whether the Feds like it or not.
And yes, you may shoot at someone stealing plants from your garden if lesser measures will not stop the theft.
Bruce (aka thatoneguy) on October 03 at 9:58 p.m.
I love it. (Italics mine)
“Officers found the man in the 2100 block of East Empire Avenue about two hours later with a gunshot wound to his skull but ‘for whatever reason he was walking and talking’ ”
I guess the homeowner missed the tiny portion of brain that the guy actually uses…
force_vector on October 03 at 10:04 p.m.
This is just a small bit of insight into what things would be like if marijuana were to be legalized.
Kivaari on October 03 at 10:36 p.m.
gmorton, I am a firm believer in the second amendment. However, it is a crime to have or use pot. It is also against the law to lie on a form 4473. If the feds want, they CAN arrest a person found to be in possession or user of pot, if that person has a gun there is an additional charge. I would enjoy seeing a court case go all the way to SCOTUS challenging the federal law. I think the court would rule for the government. Regardless of the ATF charges that could be laid, she should not have shot this person in the back. Her crop is not worth taking a life over. She is lucky the one person did not die. Where is the second person? Maybe dead somewhere? She would be charged with murder 2 normally. She already faces a potential assault 1 charge. Just like Olson-Pete, you just don’t shoot uner such conditions. She doesn’t mention any threat to her or others, just protecting the crop.
Kivaari on October 03 at 10:39 p.m.
gmorton, It would be murder to shoot a thief that was not posing athreat to you. Property as insignificant as a few pot plants or other vegetables doesn’t justify killing anyone over. Would you kill someone over a TV set? A basket of carrots? Some pot? If so, you should not be allowed a gun.
force_vector on October 03 at 10:45 p.m.
Kivaari makes a good point - let’s say you had a bottle of asprin on your back deck that fixes your chronic headaches. Let’s say you see someone attempting to take your bottle of asprin and you shoot that person in the head for it. Is that justified?
This is nothing more than an attempted murder to protect a drug stash. This, folks, is what the end of result of drugs is, medical or not. Medical marijuana is a joke, and an excuse for pot heads to get high. The unfortunate thing is that these losers have latched on to the the suffering of others to justify their bs. Shame on them, and shame on those who have bough into the crap.
Slightlyworried on October 03 at 10:46 p.m.
@Kivaari: you are absolutely right. An attempted theft of property, alone, does not justify killing some one. However, I am not holding my breath (like Otto Zehm was forced to do by Thompson) that anybody at the prosecutor’s office is going to file charges.
misjustice on October 03 at 10:47 p.m.
Naw, my guess is that if it was legal there would be no need to steal it; it would be readily available at a State store, just like alcohol is.
Gmorton, I don’t think that you can “legally” shoot someone for stealing your property; it is my understanding that in Washington State you can only shoot to defend life, not property.
Dang it!
; )
She should just tell investigators that the robbers were armed with a pop bottle, errr, I mean a knife-like-rock, errr, I mean a knife, errr, no it was a rock, err, I mean I was in fear of my life, errr, I mean they were suicidal…oh, hell…they lunged at me, errr…they had a gun in their waistband, err…she should just dummy up, not tell them anything, get a lawyer, and then go to Disneyland!
Kivaari on October 03 at 10:49 p.m.
The seer, This case isn’t about pot. This story is about a woman shooting at two people stealing vegetables from her garden. She shot at two people, at their backs, while running away. Where is suspect # 2 ? Is he dead somewhere over a few pot plants? if you have a grow operation you need to secure it. It is an attractive nuisance. Don’t think this wounded person wont sue. He has a good civil case. trhe question of suing or not lies in how many assets this woman has. If she owns a home, the wounded person(s) may end up owning it. Much like a shop owner shooting a burglar stealing nick-nacks. Many a shooter has lost it all “defending their property”.
Kivaari on October 03 at 10:53 p.m.
Misjustice, This woman really screwed up. Reading her account of things, not yet hearing from the wounded man and his partner, it sounds as if she is very guilty of committing assault in the first degree. If suspect number two is dead, I expect to see her charged with murder. Since the feds made such a big deal out of gun ownership by pot growers and users, just last week, I would not be surprised to see them prosecute as well. No one should get killed for stealing some plants in a back yard.
Kivaari on October 03 at 10:57 p.m.
Misjustice if it was legal, people would still steal it. Look at how many liquor stores and grocery stores get burglarized just so people can steal beer and cigarettes. It will become just like the liquor and tobacco business. The Indians will sell untaxed product. There will be smuggling from Canada and Mexico just like now, crooks will do all they can to avoid paying excise taxes.
greenlibertarian on October 03 at 11:11 p.m.
force_vector on October 03 at 10:04 p.m.
This is just a small bit of insight into what things would be like if marijuana were to be legalized.
How ignorant can one be? It is precisely BECAUSE MJ is illegal, that there is ANY violence associated with its use and supply.
once again for the ignorant:
http://www.leap.cc/
Cops need to try and deal with, hopefully prevent, REAL, violent crimes, not run of the mill pot deals that happen all the time, to NO ONE’S detriment.
Slightlyworried on October 03 at 11:43 p.m.
Is is true that Jay Olsen has agreed to testify as an expert for the woman regarding the need to shoot someone in the back of head as they run away from you because you are in fear of your life?
Kivaari on October 03 at 11:54 p.m.
Greeni, This case is NOT about POT. Since alcohol and tobacco are legal, has that stopped crimes involving the theft of same, the smuggling of same, the killing for a truck load of same by mob-types? Cigarettes and alcohol are still a major crime problem. Indian “nations” (what a joke) are often the primary route for illegal substances. Canadian whiskey and cigarettes are smuggled all along our northern border. Do you think making pot legal and taxed is going to stop crime? Really, how about moonshiners? They still produce the juice. They continue to evade taxes. Pot sales would go up. There would just be more “legal users”.
Guess what, employers could still fire an employee testing positive for or smelling of pot. Just like an employer can fire someone for showing up smelling like cheap booze. The ‘Make it legal” crowd are seriously dumb if they think it will stop illegal traffickers.
valleyman on October 04 at 1:06 a.m.
@greenlib: Alcohol is legal and it is responsible for the majority of assaults, fights, domestic violence crimes, and attacks on women and children. Do you mean to tell me with a straight face that simply by legalizing something all the violence that is associated with it goes away????!!!!!
drywitt99 on October 04 at 2:08 a.m.
Kivaari wrote “This case isn’t about pot. This story is about a woman shooting at two people stealing vegetables from her garden. She shot at two people, at their backs, while running away.”
You are absolutely right.
Lets hope the authorities handle this case in that light.
WOW…..agreeing with you???
An odd feeling. A bit unnerved by it actually. :)
Spokane_Citizen on October 04 at 5:48 a.m.
Kivaari is indeed correct; in literally hundreds of court cases and subsequent appeals, the right to use a firearm to protect ones property (no matter how significant such property may be to the victim) does NOT exist.
This lady is in a great deal of trouble unless it is somehow demonstrated that she had credible reason to believe that her personal safety was directly at risk….mere trespass or theft of personal property would not constitute an adequate justification for potentially lethal use of a firearm.
misjustice on October 04 at 7:07 a.m.
She should just tell investigators that the robbers were armed with a pop bottle, errr, I mean a knife-like-rock, errr, I mean a knife, errr, no it was a rock, err, I mean I was in fear of my life, errr, I mean they were suicidal…oh, hell…they lunged at me, errr…they had a gun in their waistband, err…she should just dummy up, not tell them anything, get a lawyer, and then go to Disneyland!
This morning on KHQ they “reported” that the guys were trying to get into the home…first time that I heard that…but it WAS KHQ.
I dunno, Jay Olsen shot a guy that DIDN”T steal his truck, from the back as he was running away, and got away with it. Maybe the homeowner will, too? Like I said upthread, she’ll likely be in more trouble for the weed than the shooting.
Hopefully, she did not co-operate with investigators and got a good defense laywer; just like cops do when they shoot someone.
keithj on October 04 at 9:22 a.m.
I wouldn’t be surprised if it turned out the man was shot with a pellet gun. That would be a reason why he was “walking and talking.”
Renata29 on October 04 at 12:07 p.m.
Two St. Patrick’s Days ago, I was walking to the KYRS radio station to do an interview about cannabis legalization efforts with Sensible Washington. It was oddly appropriate to have the interview on St. Patrick’s Day, because as I walked downtown (a woman, by myself) I was subject to numerous yells, and other rowdy and odd behavior by men who would probably be vomiting green beer within 6 hours.
So believe me that I’m sincere when I say that @Valleyman makes an interesting point about alcohol and violence. However, he is confusing violence associated with a *substance*, with violence associated with *government policy* prohibiting a substance.
Alcohol — a legal drug — is by all objective standards a violent drug for society. Most people who use alcohol are fine people, but any police officer can tell you about all the fights and DV calls they’ve been on that were fueled by alcohol. Not to mention deaths, injuries, and brain damage from overdosing.
So imagine how much worse it was during alcohol prohibition, when you have not only the primary violence from alcohol (fights, DV, overdosing), but also the secondary violence due to it being illegal. Al Capone and his men didn’t shoot people because they were drunk. They shot people because prohibition artificially drove up the price of a product the public WANTED, and created a black market — in short, government intervention raised the stakes too high.
Now take a substance like cannabis/marijuana — which over thousands of years of being part of human society has never caused death to a consumer; whose primary effects include calming anxiety, reducing stress, maybe making someone sleepy or quicker to laugh. Cannabis doesn’t cause violence, in fact it has the opposite effect.
http://www.saferchoice.org/
^ This organization asks the simple question: “Marijuana is safer, so why are we driving people to drink?” I would respectfully ask you the same.
valleyman on October 04 at 2:20 p.m.
@Renata: Canabis has never caused death for consumers??? Really??? I think this is not settled science but rather very open to debate especially since these stoners have without question driven while stoned and killed themselves and others…
http://medicalmarijuana.procon.org/view.answers.php?questionID=000231
I grant overdose is not probable, but the other risks of use, such as driving high, are just as great…
dadman on October 04 at 6:50 p.m.
While I dont exactly condone shooting at someone over some ganja, I feel that the question should be asked; Assuming that the woman was within her legal right (federal law aside for the moment) to be growing medical mj , would the police have done anything to persue the theft itself had she not had a gun? Where I’m from (San Diego) similar thefts have taken place including the armed robbery and beating of a dispensary and its owner. The man called 911 and when the police arrived the man was told that the police would not be persuing the case, wasting time looking for a group of men who, as far as the police were concerned, did a good deed. They told the man that he should just shut down, and that way he won’t get robbed again.In the time I have been here I get the impression that the Spokane police department has no qualms about acting outside the law. (how many shooting deaths in how long?)Because of this I have to think that the police would also choose which laws to enforce and in what manner. Its no stretch of the imagination to think that people would feel the need to take the law into their own hands so to speak,if one is not being protected and served.(and instead possibly putting their lives in danger calling a Spokane police officer)Now the police and the anti marijuana side have an “example”.I would bet a Jimmy Johns sandwich this lady gets reamed, and the thiefs maybe get a trespassing charge.To me thats bunk because the woman had her prescription card. Stealing someones prescription meds is a felony. Medicine is medicine.
Not to say that she was justified, but the thiefs should get reamed as well. Sorry to be so long winded.
misjustice on October 04 at 7:43 p.m.
KXLY has an update on this story, which includes the “farmer’s” attorney claiming that the robber took away a 2x4 that she had used to try and stop him with, attacked her and her brother with the 2x4, and only after the attack by the robber did she go get the gun and shoot him.
The robber was arrested after being treated for the gun shot wound. So far, the “farmer” has not been arrested (but I expect that she will be, not for shooting the robber but for the weed).
Here’s the link:
http://www.kxly.com/news/29389620/detail.html
Sunshinegurl on October 04 at 9:12 p.m.
Maybe this lady should try smoking some of her medicine, that way she can be a little calmer when she’s confronting someone.
Ed Byrnes on October 05 at 1:32 a.m.
I believe Renata was referring to death directly through toxicity, which is well documented for alcohol and never documented for cannabis.
It is rightfully already illegal to drive a motor vehicle when impaired by any substance, regardless of the legal status of the substance, because driving in any impaired condition is dangerous, and none too bright either.
Ed
Renata29 on October 05 at 9:52 a.m.
Valleyman, we who oppose government prohibition of cannabis hear the fear about “high drivers” all the time. What I’ve never understood is: Does this mean since alcohol is the cause of 1/3 of traffic fatalities annually, that alcohol should be illegal? Of course not, because then we’d have all the problems we do now, PLUS the problems that come with prohibition.
(source: http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html)
The best way to have safe roads is not through government prohibition of a natural substance, but through education. Case in point: Cigarette use has dropped dramatically in the last several decades and there have been no arrests, only plenty of good education.
And speaking of education, did you know that studies of so-called “high drivers” show that they are are as safe if not SAFER than sober drivers?
Here is a link to several such studies:
http://ccguide.org/driving.php
Even caffeine can cause driving problems. Here is one case from our own region:
http://www.spokesman.com/stories/2009/dec/09/driver-may-have-been-suffering-caffeine-psychosis-/
Info on Caffeine Psychosis: http://www.ncbi.nlm.nih.gov/pubmed/19407709
The question is not the substance, but the impairment. No one should drive impaired, but not all substances cause impairment.
Really, I can’t think of a way our society would be worse off if cannabis was our society’s substance of choice, instead of alcohol. It’s a healthy, safe, and natural remedy that also happens to be fun! What’s not to like?
Please, for the sake of your own inner peace, I hope you can stop living in fear and start living from facts and heart. Fear divides. You might have more in common with the “stoners” you detest than you think.
dataxman on October 05 at 2:16 p.m.
ATF recently sent a letter to gun dealers that the sale of a gun to a holder of a medical marijuana card is illegal. So she will probably have the Fed’s charging her. In addition she should be up on two cases of attempted murder. My guess is those two (assuming the other person is still alive and can be found) will not only be the owner of her pot but her house and bank account as well…
The_Seer on October 05 at 2:34 p.m.
Renata: Can I get a hallelujah? Can I get an amen?
Woot! Woot!
Ed Byrnes on October 05 at 2:54 p.m.
Renata, what The Seer said :)
Ed
GDodd on October 05 at 6:43 p.m.
If we drug tested LLEO’s and fired all that test positive there would be allot of open jobs.
hardwroc on October 09 at 1:29 p.m.
As I read the follow up story on this event, the story was she took a 2x4 to the perp and he took it away AND ASSAULTED her or her housemate with it, and only fled when she arrived with the firearm.
SELF DEFENSE unless assault with a 2x4 is NOT an assault anymore.
And as for the possession of a firearm and MMJ card being illegal, I’d expect the NRA to be johnny on the spot to defend HER second amendment rights just as much as a homeowner with a cooler full of Budweiser.
OR, do you prefer drunk gun owners to pacifist gun owners?
I still find this a case of a BURGLAR caught in the act and then having him assaulting the homeowner, and WHAT he was stealing immaterial other than the sensationalism.
Are there really any people that will ask or check to see what the burglar is stealing before they react by protecting their property?
I’m not taking an inventory first, I want the perp in custody, mine or the LEOs.