Merced man killed while trying to rob pot dispensary, deputies say

A home-invasion robbery at a residence investigated as a marijuana dispensary early Monday turned into a gunfight that left a Merced man dead and two others with gunshot wounds, Merced County sheriff’s deputies said.

The 29-year-old man who was killed was among a group who allegedly tried to invade the dispensary in the 3100 block of Franklin Road, according to sheriff’s Sgt. Delray Shelton. His name has not been released.

According to Shelton, the men knocked on the door of the home around 2 a.m., awakening the residents, a 55-year-old male, 47-year-old woman and their 26-year-old son. The men initially said they were having car problems but then tried to force their way into the home and exchanged gunfire with the homeowners, deputies said.

Authorities responded to a 911 call and found the 29-year-old man dead. An unknown number of men fled the scene and remained at large Monday.

The 55-year-old homeowner and one of the alleged robbers, a 27-year-old from Merced, were injured by the gunfire and taken to Modesto-area hospitals. The homeowner sustained minor injuries and the younger man was reported to be in serious but stable condition.

Marijuana dispensaries are banned in Merced County, and authorities previously had investigated the home “for its operation as a medical marijuana dispensary,” Shelton said. Investigators believe Monday’s violence “is directly connected to the narcotics trade,” he said.

The incident was the second law enforcement-related action in as many weeks at a Merced County dispensary and comes as Merced city officials consider whether to begin allowing dispensaries to operate legally.

On March 8, deputies closed down a Main Street dispensary, Kiona’s Farm’acy, which was operated by outspoken medical cannabis advocate Lakisha Jenkins.

The owner of the building had requested deputies’ help in evicting Jenkins for failing to pay rent. They confiscated 61 marijuana plants, which are banned within city limits. Jenkins said she had withheld rent to demand building repairs.

Merced County allows homeowners to grow up to 12 plants per parcel in unincorporated areas. The Franklin home sits on the edge of a cul-de-sac in an unincorporated area of the county, though the homes have a Merced address.

Authorities investigating the home invasion on Monday found marijuana plants and products in varying stages of maturity, Shelton said.

The dispensary is less than a mile from Franklin Elementary School, but there were no children on campus when the shootout happened.

Carl Starks, who lives in the area, said he didn’t hear any gunfire. The 78-year-old walked out of his house to head to the gym early Monday morning to find the street blocked off.

He said he has a good relationship with the family in the home and they help each other out on occasion like most neighbors. “They don’t bother nobody,” he said. “They mind their own business.”

Another neighbor, Sherrie Andrews, echoed that thought. “He’s always been nice to us,” she said.

A resident in the neighborhood for about 20 years, Andrews said the violence didn’t worry her.

Merced banned all cannabis cultivation and sales in January. This month, the Merced City Council did not take any official vote, but asked city staff to draw up an ordinance that would allow dispensaries.

Advocates for medical marijuana argue that allowing dispensaries to operate legitimately would bring them above ground and make them less prone to be targeted by criminals.

Arturo Durazo, a doctoral candidate at UC Merced who advocates for safe access to medical marijuana, said many in the medical cannabis community doubt the Merced ordinance will ever come to fruition.

“I’m actually very frustrated by the ambivalence of the city,” said Durazo, who is a cancer survivor and medical cannabis user. “They may be contributing to making people suffer more.”

Cities, he said, too often focus on the opinion of law enforcement officers and do not seek advice from expert advocates. In the meantime, patients without access suffer.

“Their ban is a statement they do not appreciate the gravity,” he said.

This story was originally published March 14, 2016 at 10:58 AM with the headline "Merced man killed while trying to rob pot dispensary, deputies say."