Man charged with assault, robbery; victim clings for his life

The man identified in court documents as “victim” continues to fight for his life at Harborview Medical Center, hooked to a machine that breathes for him, his prognosis grim.

As for the man police claim shot Brown in the Lakeland Hills Town Center parking lot on Nov. 2, he is in Pierce County Jail, staring down what is likely to be serious prison time.

Because of a disagreement over what constituted three ounces of weed.

On Nov. 15, the Pierce County Prosecutor charged Marvin Junior Chargualaf of Auburn with one count each of first-degree assault, attempted first-degree robbery, and intimidating a witness.

Here is how it all went down, according to charging papers based on the account of events that Auburn Police last week forwarded to the Pierce County Prosecutor.

At 12:12 a.m. on Nov. 2, 911 dispatched Auburn police officers to 69th Street Southeast and Lakeland Hills Way, where a man had been shot and then crashed his car into a fence.

According to charging papers, police found blood on the center console and on the man’s arm, the strong odor of burned marijuana in the car, what appeared to be a bag of weed, and a .40 caliber shell casing on the front passenger seat.

Complaining of pain, the victim, who was the sole occupant of the vehicle, told police he did not know who had shot him, but that he’d been “selling weed” in the parking lot, and a “third party had set up the deal.”

According to charging papers, recent texts on the victim’s cellphone suggested a transaction for 3 ounces of marijuana. This revelation led police to Chargualaf, whom they identified as possibly being present in the parking lot that morning with two other people.

According to charging papers, a friend of Chargualaf’s informed police that he, Chargualaf, had admitted to him that he shot the man.

According to charging papers, “The defendant told his friend that if he told police about the admission, the defendant would, ‘put you six feet under.’”

When police searched Chargualaf’s bedroom, charging papers say, they discovered a holster and a speed loader for a .40 caliber handgun. Elsewhere in the house, police found ammunition that “appeared to match” the shell casings they had found at the scene.

According to charging papers, Chargualaf at first denied any involvement in the drug deal or the shooting, but later at the Auburn jail admitted to detectives that he had been at the scene to make a drug deal, and that he had contacted the victim, whom he did not know.

According to charging papers, police learned Chargualaf was regularly involved in drug dealing, and that he often carried a firearm during the transactions.

According to what Chargualaf told police, when he opened the door to make the deal, the victim offered only a “nugget” of marijuana, whereas he, Chargualaf, had been expecting 3 ounces. Chargualaf told police he felt that he was being ripped off. He said the would-be seller then tried to push him out of the car, and that as he put the car into drive, “I just pulled it out and shot him.”

Chargualaf claimed the victim tried to run him over, so he ditched the gun in the victim’s car. When detectives informed him that that was not possible, according to charging papers, he changed his story, said instead that he may given the gun to a friend to dispose of. Chargualaf later told detectives he’d actually thrown the gun in the Green River because he was afraid the victim might be in a gang, and gang members could come after him later, according to charging papers.

According to charging papers, he also admitted to planning to drive to Texas to escape retaliation from the victim’s gang member friends.

“The defendant appeared to show no remorse for his actions,” Deputy Prosecuting Attorney Patrick Cooper noted in charging papers. “He said he thought that the victim was trying to take advantage of him.”

An eyewitness, however, contradicted key parts of Chargualaf’s account. He said he and Chargualaf, who had a gun in his waistband, walked up to the car, and that when Chargualaf handed over the money, he pulled out the gun and cocked it.

“The defendant then said, ‘Give me the … ,’ which the witness thought meant the defendant was going to take the money back and the marijuana,” according to charging papers. “The victim put his hand on the gear shift, and the defendant shot once.”

The witness said he and Chargualaf then ran back to the car they’d come in, where a third person was waiting. The witness said the victim had not tried to run them over. What’s more, the witness said, the victim had no weapon and made no threats toward them. The defendant then unloaded the firearm and put the remaining bullets in his pocket.”

Cooper said that as of Nov. 14, the victim was reported to be in grave condition.

“If he survives, he is likely to be paralyzed from the waist down. He survives with the help of a machine which is keeping his lungs operating at this time. This machine was just recently received by the hospital, and the nurse opined that the victim would have likely passed away without it,” Cooper said.