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News / Clark County News

Suspect in May drive-by shooting appears in court

By Andy Matarrese, Columbian environment and transportation reporter
Published: October 26, 2017, 8:22pm

A Vancouver man suspected in a late May drive-by shooting, allegedly done in reprisal for the theft of a quarter-pound of marijuana, appeared in court Thursday morning on suspicion of multiple counts of assault.

On May 31, officers were called to a report of gunfire on Southeast Columbia Way just east of the I-5 Bridge. Someone reported hearing six to 10 gunshots, according to court records, coming from an older-model, light brown SUV, along with a white SUV.

Officers arrived to find a white GMC Acadia with four people inside. They said someone shot at them, and they motioned to the bullet holes in their car.

Investigators found bullet impacts on the left side of the Acadia’s rear door, the rear support arm near the left rear axle and the right-side rear tire. One of the passengers was also arrested for an outstanding warrant, according to police.

One of the victims told officers the group had gone to meet Justin Lee to buy a quarter-pound of marijuana in a parking lot near Joe’s Crab Shack, according to court records.

They arrived and met with Lee, who was in a brown Chevy Blazer. When they produced the money, Lee’s passenger, David Serrano-Smith Tovar, 19, pulled a gun on them.

The four victims sped away. The four told police that Lee then gave chase in his Blazer, with Tovar hanging from the window and shooting at them, according to court records.

Later, officers went to Lee’s home in Battle Ground, and saw his Blazer. Officers contacted Lee in the Battle Ground Albertsons parking lot, then brought him in for questioning.

According to court records, Lee said he dealt marijuana, and Tovar was his supplier. Tovar had fronted him a large amount of marijuana, Lee said, and some of the victims from the drive-by had previously stolen a quarter-pound of marijuana that belonged to Tovar.

Lee told police that Tovar gave him a choice: either help him get the weed back or get “rocked,” according to court records.

Lee said he arranged a meeting in the Joe’s Crab Shack parking lot with one of the four. According to court records, Lee said Tovar rode with him in his Blazer, with a .357-caliber revolver. When Tovar, with his gun, got out of the SUV to confront the four, the four drove off. Tovar then hopped back in Lee’s Blazer and yelled at Lee to get behind them.

Lee said someone in the Acadia fired a gun at them as they rounded a corner. After the shooting, Lee said he saw Tovar remove the empty shell casings from his gun, place them in a can and then toss them out the window as they drove over the Interstate 205 Bridge to Portland.

Tovar, who was already being held on suspicion of four counts of first-degree assault, was brought back to court Thursday on suspicion of four counts each of first-degree assault, drive-by shooting and first-degree attempted robbery.

Tovar’s total bail, after Thursday’s court appearance, sits at $195,000. His next court date, an arraignment where he may be formally charged, was set for Nov. 9.

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Columbian environment and transportation reporter