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INFORMATION - 1

Daniel T. Satterberg, Prosecuting Attorney W554 King County Courthouse

516 Third AVenue

Seattle, Washington 98104

(206) 296-9000, FAX (206)296·0955

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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

7 THE STATE OF WASHINGTON, )
Plaintiff, )
8 v. ) No. ll-C-01781-4 SEA
) ll-C-01782-2 SEA
9 WILLIAM JAMES DONNELL, ITI, ) 11-C-01783~1 SEA/
HOWARD THOREN HONEYCUTT, ) ll-C-01784-9 SEA
10 BRADY DONOGHUE MCGARRY, ) l1-C-0 1785-7 SEA
IAN MICHAEL MCNAMARA, ) . ll-C-01786-5 SEA
11 JAMES P. MILLER, ) n-c-o 1787- 3 SEA
DKPAN,and )
12 RASHAADlMANTHONWSON ) INFORMA nON
and each of them, )
13 )
Defendants. )
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COUNT I That the defendants BRADY DONOGHUE MCGARRY, JAMES P. MILLER, DK PAN and RASHAAD IMAN THOMPSON, and each of them, in King County, Washington, during a 19 period oftime intervening between October 1,2007 through June 30, 2009, did engage in and

knowingly cause, aid, abet and conspire with each other and others to engage in professional 20 gambling; and did act in concert with and conspire with five or more people'; and was involved with and worked in an operation that accepted wagers exceeding five thousand dollars during any thirty-day period on future contingent events; and did operate, manage and profit from The

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I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the authority of the State of Washington, do accuse BRADY DONOGHUE MCGARRY, JAl\.1ES P. MILLER, DK PAN and RASHAAD IMAN THOMPSON, and each of them, of the crime of Professional Gambling in the First Degree, committed as follows:

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I, operation of premises or locations where persons were charged a fee to participate in card games that were not lawfully authorized or licensed, at a premises known as "The Yard," located at

2 1019 E. Pike Street, Seattle;

3 Contrary to RCW 9.46.220 (l)(a) and (d), and against the peace and dignity of the State

of Washington.

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COUNT II

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And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse HOWARD THOREN HONEYCUTT, BRADY DONOGHUE MCGARRY, JAMES P. MILLER;DK PAN and RASHAAD lMAN THOMPSON; and each of them, of the crime of Professional gambling in the First Degree, a crime of the same or similar character as another crime charged herein, which crimes were part of a common scheme or plan and which crimes were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the other, committed as follows:

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That the defendants HOWARD THOREN HONEYCUTT, BRADY DONOGHUE MCGARRY, JAMES P. MILLER, DK PAN and RASHAAD lMAN THO:rvfPSON, and each of them, in King County, Washington, during a period of time intervening between April I, 2008' through January 31,2009, did engage in and knowingly cause, aid, abet and conspire with each other and others to engage in professional gambling; and did act in concert with and conspire with five or mote people; and was involved with and worked in an operation that accepted wagers exceeding five thousand dollars during any thirty-day period on future contingent events; 13 ' and did operate, manage and profit from the operation of premises or locations where persons were charged a fee, to participate in card games that were not lawfully authorized or licensed, at a premises known as "Cafe Corsair," located at 2400-2410 3rd Avenue, Seattle;

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Contrary to RCW 9.46.220 (l)(a) and (d), and against the peace and dignity of the State of Washington.

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COUNT III

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And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse WILLIAM JA!.\1ES DONNELL, III, BRADY DONOGHUE MCGARRY, DK PAN and RASHAAD lMAN THOMPSON, and each of them, of the crime of Professional Gambling in the First Degree, a crime of the same or similar character as another crime charged herein, which crimes were part of a common scheme or plan and which crimes were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the

other, committed as follows: .

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That the defendants WILLIAM JAMES DONNELL, III, BRADY DONOGHUE MCGARRY, DK PAN and RASHAAD !MAN THOMPSON, and each of them, in King County, Washington, during a period oftime intervening between February 1,2008 through June 30,2009, did engage in and knowingly cause, aid, abet and conspire with each other and others to engage in professional gambling; and did act in concert with and conspire with five or more

INFORMATION -2

Daniel T. Satterberg, Prosecuting Attorney WS54 King County Courthouse

516 Third Avenue

Seattle, Washington 98104

(206) 296-9000, FAX (206) 296-0955

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INFORMATION - 3

Daniel T. Satterberg, Prosecuting Attorney W554 King County Courthouse

516 Third Avenue

Seattle, Washington 98104

(206) 296-9000, FAX (206) 296-0955

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people; and' was involved with and worked in an operation that accepted wagers exceeding five thousand dollars during any thirty-day period on future contingent events; and did operate, manage and profit from the operation of premises or locations where persons were charged a fee to participate in card games that were not lawfully authorized or licensed, ata premises known as "Bill's," originally located at 2646 NW 64th Street, Seattle, and subsequently moving to 9721 6th Avenue NW, Seattle;

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Contrary to RCW 9.46.220(I)(a) and (d), and against the peace and dignity of the State of

Washington. -

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COUNT IV

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And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse BRADY DONOGHUE MCGARRY, IAN MICHAEL MCNAMARA and RASHAAD !MAN THOMPSON, and each of them, of the crime of Professional Gambling in the First Degree, a crime of the same or similar character as another crime charged herein, which crimes were part of a common scheme or plan and which crimes were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the other, committed as follows:

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That the defendants BRADY DONOGHUE MCGARRY, IAN MICHAEL MCNAMARA and RASHAAD lMAN THOMPSON, and each of them, iri King County, Washington, during a period of time intervening between February 1,2008 through June 30, 2009, did engage in and knowingly cause, aid, abet and conspire with each other and others to engage in professional gambling; and did act in concert with and conspire with five or more people; and was involved with and worked in an operation that accepted wagers exceeding five thousand dollars during any thirty-day period on future contingent events; and did operate, manage and profit from the operation of premises or locations where persons were charged a fee to participate in card games that were not lawfully authorized or licensed, at a premises known as

"The Bit Tavern," located at 4818 17th Avenue NW, Seattle; .

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Contrary to RCW 9.46.220(I)(a) and (d), and against the peace and dignity of the State of Washington.

COUNT V

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And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse JAMES P.

MILLER of the crime of Violation of the Uniform Controlled Substances Act, a crime of the same or similar character as another crime charged herein, which crimes were part of a common scheme or plan and which crimes were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the other, committed as follows:

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INFORMATION - 4

Daniel T. Satterberg, Prosecuting Attorney W554 King County Courthouse

516 Third Avenue

Seattle, Washington 98104

(206) 296-9000, FAX (206) 296-0955

1 e That the defendant JAMES P .. MILLER in King County) Washington) during a period of

time intervening between June 8, 2008 through September 24) 2008, unlawfully and feloniously 2 did deliver cocaine, a controlled substance and a narcotic drug, to another, and did know it was a controlled substance;

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Contrary to RCW 69.50.401(1») (2)(a») and against the peace and dignity of the State of Washington.

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COUNT VI

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And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse HOWARD THOREN HONEYCUTT of the crime of Violation of the Uniform Controlled Substances Act) a crime of the same or similar character as another crime charged herein, which crimes were part of a common scheme or plan and which crimes were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the other, committed as follows:

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That the defendant HOWARD THOREN HONEYCUTT inKing County, Washington, on or about January 10, 2009, unlawfully and feloniously did deliver cocaine, a controlled substance and a narcotic drug, to another, and did know it was a controlled substance;

. Contrary to RCW 69.50.401(1), (2) (a) , and against the peace and dignity of the State of 12 Washington.

13 DANlEL T. SATTERBERG

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Prosecuting Attorney

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By: ~~ 7(, ~Yli~

Andrew R. Hamilton, WSBA #8312 Senior Deputy Prosecuting Attorney

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,1 ] - G U J / 0

CAUSENO. _

SEATILE POLICE DEPARTMENT

CERTIFICA TlON FOR DETERMINA TlON OF PROBABLE CAUSE

That Ryan M. Long is a Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

There is probable cause to believe that William J. Donnell 8/15/1969 committed the crime(s) of Professional Gambling 1st degree, RCW 9.46.220 (Class B Felony); Ownership/Interest in a Gambling Device, RCW 9.46.215; Conducting (Gambling) Activity Without a License, RCW 9.46.160 (Class B felony); Causing a Person to Violate Chapter, RCW 9.46.180 (Class B Felony); Acting Without a (Liquor) License, RCW 66.44.090 (Gross Misdemeanor) within the City of Seattle, County of King, State of Washington.

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This beIief;s predicated on the following facts and circumstances: :~~.:.i;;st{:.ff: ~;. .. ~~~;.

Seattle Police personnel became aware of an illegal gambling/alcohol enterprise at 2646 NW 64th Street, Seattle, King County, Washington, on or about February 18, 2008. Subsequent investigation utilizing Undercover Detectives CUCD), audio intercepts, and video and photographic surveillance confirmed the existence of underground illegal gambling enterprises (concurrent with illegal liquor sales), and supported the issuance of search warrants which yielded additional evidence.

Between February of 2008 and June of 2009, WilliamJ. Donnell planned, conspired, prepared, participated in and paid support for gambling enterprisers) within the City of Seattle, County of King, State of Washington. These included the houses located at 2646 NW 64th Street and 9721 6th Avenue NW, in the City of Seattle.

Donnell rented each of these houses, resided in them, and oversaw the gambling activities that took place in each residence. Donnell performed all of the duties of a "game manager/pit boss." A "game manager/pit boss" oversees the gambling activity and acts as the ultimate arbiter of any disputes that may arise during the" gambling activity. He provides direction to each dealer regarding table operations including gifting (giving a player free chips), when to change decks of cards, and the rotation of dealers. In addition to performing the function of the "game manager/pit boss," Donnell participated in the illegal gambling activities as both a dealer and a

player. .

Persons or organizations who wish to engage in lawful, charitable gambling activities such as raffles, must satisfy certain requirements of the Washington State Gambling Commission, which includes the notification of local law enforcement. For the City of Seattle, the police department's Vice Unit is the entity to be notified. The review of such notifications is my responsibility. At no time did any person associated with the afore-mentioned locations make notification of such charitable efforts, even for subterfuge.

Illegal gambling/liquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 1st degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan Van Brunt to these illegal gambling locations. While there, Agent Lucci made a technical estimate of the gambling

Form 34.0 1/06

PAGE 1 OF 2

CERTIFICATION FOR DETERMINA TlON OF PROBABLE CAUSE

UNIT FILE NUMBER

SEATILE POLICE DEPARTMENT

INCIDENT NUMBER

07-381875

activities: His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic beverages from staff within these locations. According to the undercover officer, he observed more than five individuals involved in the gambling operations of each location.

Donnell's specific violations were noted on approximately 10 undercover visits during the investigation, not including the incident when Donnell was detained during the service of search

warrants at 9721 6th Avenue NW on June 10,2009. .

Detective VanBrunt engaged in illegal gambling activities at 2646 NW 64tb Street on two occasions: February 18 and April 16, 2006. Donnell demonstrated his leadership role in the former and participated as a dealer in the latter.

By the end of April, 2008, Donnell ceased activities at the fanner address and moved to a new residence at 9721 6tb Av NW. The illegal activities continued at this location. During undercover visits on April 29, May 5, and June 9, Donnell participated as a dealer. He hosted these activities again during an undercover visit on August 12 and then participated as a player on October 12, 2008, when he invited Detective Van Brunt to a party at the residence on November 1, 2008. A flyer advertising this event was maintained as evidence, though Detective Van Brunt did not participate. Additional undercover visits included December 7,2008, as well

as January 11 and March 26, 2009. -

Pursuant to the issuance of search warrants, the residence at 9721 6th Av NW was searched for evidence, which revealed countless items of investigatory value. These included gambling items (tables, chips, cards, etc), liquor items (alcohol, coolers, etc), and drug items (quantities of assorted drugs, scales, etc), as well as money. An examination of Donnell's cellular phone revealed additional incriminating evidence regarding the illegal gambling and drug activity.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is

true and correct to best of my knowledge and belief. Signed and dated by me this '7 n/

day of EFeR..w.A-f:l'1 ,2011, at Seattle, Washington.

I2J);~ fC (Z3

Form 34.0E 5/9B

PAGE 2 OF 2

SEATILE POLICE DEPARTMENT

CAU SEN o. --!11----l1!---=-:;;._CJ¥---IGH-l+-7f--l"1--B :..;-2 -=-- -4-2 ...t.c=1SEAIrR·:----- l.

GEl'lER'AL O~F~E tI-

CERTIFICA TION FOR DETERMINA TION 07-'1tJ.~5" ..

OF PROBABLE CAUSE

UNIT FILE NUMBER

That Ryan M. Long is a Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

There is probable cause to believe that Howard Thoren Honeycutt 9/28178 committed the crime(s) of Professional Gambling 1 st degree, RCW 9.46.220 (Class B Felony); within the City of Seattle, 'County of King, State of Washington.

This belief is predicated on the following facts and circumstances:

Seattle Police personnel became aware of an illegal gambling/alcohol enterprise at 1410-1412 14th Avenue, Seattle, King County, Washington, on or about August 25, 2007. Subsequent

~;. investigation utilizing Undercover Detectives (UeD), audio intercepts, and video and photographic surveillance confirmed the existence of underground illegal gambling enterprises (concurrent with illegal liquor sales), and supported the issuance of search warrants which yielded additional evidence.

Between August of 2007 and June of 2009, Howard "Thoren" Honeycutt planned, conspired, prepared and/or participated in gambling enterprise(s) within the City of Seattle, County of King, State of Washington. These included the locations of 1019 E Pike St (Apt "Y"), known as "the YARD" or simply "Rick's place," and also 2400~ 2410 3 rd Avenue, known as the "Cafe Corsair," or simply "the space." Honeycutt performed duties consistent with "security" and laborer, while more than five other conspirators/participants performed administrative, management, and employee functions in gambling activities where players were charged a fee to participate in card games. These activities were not licensed by the state, but resulted in financial gain for the venue operators.

Persons or organizations, who wish to engage in lawful, charitable gambling activities such as raffles, must satisfy certain requirements of the Washington State Gambling Commission, which includes the notification of local law enforcement. For the City of Seattle, the police department's Vice Unit is' the entity to be notified. The review of such notifications is my responsibility. At no time did any person associated with the afore-mentioned locations make notification of such charitable efforts, even as subterfuge.

Illegal gambling/liquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 1 st degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan Van Brunt to these illegal gambling locations and assisted with a technical estimate of the gambling activities, to include wagers in excess of $5000 in any 30-day period, in which the operators made financial gain. While there, Agent Lucci made a technical estimate of the gambling activities at the Yard and at Cafe Corsair. His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic beverages from staff within these locations. According to the undercover officer, he .observed more than five individuals involved in the gambling operations of each location.

Form 34.0 1/06

PAGE 1 OF 2

SEATILE POLICE DEPARTMENT

INCIDENT NUMBER

07-381875

CERTIFICATION FOR DETERMINA TlON OF PROBABLE CAUSE

UNI r FILE NUMBER

Honeycutt's specific violations were noted on approximately 12 undercover visits during the investigation.

Honeycutt advised the undercover officer that he was in charge of security at the Cafe Corsair, and he was observed by the undercover officer to be acting in that capacity. He was the person who allowed - or refused to allow - patrons to enter the gambling establishment. He enforced card-room conduct rules, and ejected patrons who misbehaved or acted unruly. He also performed duties as directed by the pit boss. He also was responsible for guarding the cash acquired inside the establishment, and Honeycutt told the undercover officer he always had access to guns to ensure the money was secured.

Specific to the "YARD," Honeycutt was present during several undercover visits to the illegal enterprises. During these visits, his level of participation was not significantly noted due to other target aspects of the investigation.

Regarding the "Corsair," Honeycutt served in the capacity of a "security" and laborer in the operation of the illegal enterprises. Specifically:

Honeycutt facilitated the development of the Corsair by performing assorted construction inside the building, transporting gambling and furniture materials, to include the movement of doors, tables, and chairs from storage (4750 University WayNE, formerly known as "Tubs") to the Corsair, such as on 9115/08 and 9/19/08. Detective Van Brunt visited the Corsair on munerous other occasions, when Honeycutt was present for the purposes of security duties.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct to best of my knowledge and belief. Signed and dated by me this q /l-l

dayof£;;BRu8£,-l.J ,2011, at Seattle, Washington.

, I e»~ rQ /07

PAGE 2 OF 2

----,-,-,---

,SEATILE POLICE DEPARTMENT

CAUSENQ, _

CERTIFICA TION FOR DETERMINA T/ON OFPROBABLECAUSE-NARCOnCS

INCIDENT NUMBER

07-381875

UNIT FilE NUMBER

That Detective Sergeant Ryan M. Long of the Seattle Police Department believes that there is probable cause that Howard Thoren Honeycutt 9/28178 committed the crime(s) of Violation of the Uniformed Controlled Substances Act on January 10, 2009 at 9721 6th Avenue NW within the City of Seattle, County of King, State of Washington by delivering cocaine, a controlled

substance. .

This belief is predicated on the following facts and circumstances:

Detective Bryan Van Brunt encountered Howard «Thoren" Honeycutt starting in September 2008, during an undercover investigation into illegal gambling activities in the Seattle area.

On December 19, 2008, Detective VanBrunt met with Honeycutt, when Honeycutt expressed his desire for Detective Van Brunt to buy cocaine from him instead of co-conspirator Rick Wilson. Honeycutt explained he could arrange to sell large quantities of cocaine and he would charge Detective Van Brunt $750 per ounce. He said to contact him and ask for a "girl," which would be their code for ounce.

In the afternoon of January 10, 2009, Detective Van' Brunt met Honeycutt at 2400-2410 3rd Avenue, where they discussed the purchase of cocaine. Honeycutt agreed to sell Detective Van Brunt an ounce of cocaine per earlier discussion. He said he would meet Detective VanBrunt in the evening. Detective Van Brunt later returned to 2400-2410 3rd Avenue, but Honeycutt did not arrive, so Detective Van Brunt went to 9721' 6th Avenue NW to engage in illegal gambling activities related to the ongoing investigation. While there, Honeycutt called Detective Van Brunt and asked whether he could deliver the cocaine to Detective Van Brunt there. Detective Van Brunt agreed. A short time later, Honeycutt arrived in Eric Sun's white van, which was driven by Scott McKnight. Honeycutt moved to Detective Van Brunt's vehicle, where he handed him a brown paper towel, which Detective VanBrunt opened to find a glassine baggie containing a white powder. Detective Van Brunt paid Honeycutt $750 for the ounce of suspected cocaine and they separated. The substance was later field-tested positive for the presence of cocaine.

On March 18, 2009, Detective Van Brunt met again with Honeycutt at 1019 E Pike St Apt Y. Honeycutt informed Detective Van Brunt that he could sell Detective Van Brunt a half-kilogram of cocaine for $12,000, and that he would only need two hours notice to get it. He also offered to sell Detective VanBrunt oxycontin.

No enforcement action was immediately taken due to the other ongoing investigation.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct to best of my knowledge and belief. Signed and dated by me this 23:

day of tv1~-\ ,2010, at Seattle, Washln~~~;1 I,

t;tf~C ~\t;).

Form 34.1 e 5/98

PAGE 1 OF 1

CAU SEN o. _-,,-1 -=--1 .: r-Q:;_-:;:r"'O,--,1 ........ 7__,R..__...,_3 _- _,_J .s S EIor;FAr-

SEATTLE POLICE DEPARTMENT

CERTIFICA TlON FOR DETERMINA TION OF PROBABLE CAUSE

UNIT FILE NUMBER

That Ryan M. Long is a Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

There is probable cause to believe that Brady D. McGarry 4/20/1982 committed the crime(s) of Professional Gambling 1st degree, RCW 9.46.220 (Class B Felony); Conducting (Gambling) Activity Without a License,RCW 9.46.160 (Class B felony); Causing a Person to Violate Chapter, RCW 9.46.180 (Class B Felony); within the City of Seattle, County of King, State of Washington.

This belief is predicated on the following facts and circumstances:

Seattle Police personnel became aware of an illegal gambling/alcohol enterprise at 1410-1412 14th Avenue, Seattle, King County, Washington, on or about August 25, 2007. Subsequent investigation utilizing Undercover Detectives CUCD), audio intercepts, and video and photographic surveillance confirmed the existence of underground illegal gambling enterprises (concurrent with illegal liquor sales), and supported the issuance of search warrants which yielded additional evidence.

Between April of 2008 and June of 2009, Brady McGarry participated in gambling enterprise(s) within the City of Seattle, County of King, State of Washington. These included the locations of 1019 E Pike St (Apt "Y"), known as "the YARD" or simply "Rick's place," and also 2400-2410 3rd Avenue, known as the "Cafe Corsair," or simply "the space," as well as 9721 6th Avenue NW, known as "Bill's," and a start-up game above The Bit Tavern at 4818 1 ih Avenue NW.

Persons or organizations who wish to engage in lawful, charitable gambling activities such as. raffles, must satisfy certain requirements of the Washington State Gambling Commission, which includes the notification of local law enforcement. For the City of Seattle, the police department's Vice Unit is the entity to be. notified. The review of such notifications is my responsibility. At no time did any person associated with the afore-mentioned locations make notification of such charitable efforts, but resulted in the financial gain of the operators.

Illegal garnblinglliquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 1st degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan Van Brunt to these illegal gambling locations and assisted with a technical estimate of the gambling activities, to include wagers in excess of $5000 in any 3D-day period, in which the operators made financial gain. While there, Agent Lucci made a technical estimate of the gambling activities. His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic beverages from staff within these locations. According to the undercover officer, he observed more than five individuals involved in the gambling operations of each locations.-

McGarry's specific violations were noted during approximately 20 undercover visits during the investigation, including the incident when .Mcfiarry was detained during the service of search

Form 34.0 1/06

PAGE 1 OF 3

~ SEATTLE ~§)I_ POLICE DEPARTMENT

INCIDENT NUMBER

07-381875

CERTIFICA nON FOR DETERMINA TlON OF PROBABLE CAUSE

UflHT FilE NUMBER

warrants during gambling activities at 1019 E Pike St on June 10, 2009. McGarry acted in the capacity of an employee, performing the duties of a poker dealer, wbile also providing his input with other conspirators during the planning phases of the illegal gambling enterprises. While dealing cards, McGarry performed a "rake" from the "pot" of each hand, collecting the profits on behalf of the illegal gambling enterprise. He also participated as a card player during some of the games.

A "rake" is a predetermined percentage or amount collected by the dealer on behalf of the ownersloperators of the gambling establishment from the final pot of each particular_card game. The "rake is taken from the pile of chips on the table, and these chips are cashed out by the house. A "rake" is taken from every final pot and this is the price each player pays to participate in the card game.

Specific to the "YARD," Brady McGarry served in the capacity of a "poker dealer" in the operation of the illegal enterprises. For example:

On 5121/08, 8/20108, and 9/10/08, Detective Van Brunt observed McGarry dealing poker and taking a rake from each hand.

Regarding the "Corsair," McGarry served in the capacity of a "poker dealer" in the operation of the illegal enterprises. Specifically:

On several occasions, McGarry and Detective VanBrunt conspired regarding aspects of the Corsair, to include living conditions and theatrical performances. On 10/2/08 and 1115/08, Detective Van Brunt entered the Corsair and observed thepoker game from the previous evening was still ongoing, where McGarry was dealing.

Regarding "Bill's," McGarry served in the capacity of a "poker dealer" in the operation of the illegal enterprises. Specifically:

McGarry accompanied Detective Van Brunt to 9721 6th Av NW on 4/21/08, where both participated as players in illegal gambling activities. On 5/4108, 6/9108, 8/4/08, 8/11108, and 8/18/08, Detective Van Brunt gambled and observed McGarry dealing cards and taking a rake. McGarry explained on 8/11/08 that William Donnell asked him to be a card dealer at his address.

Regarding the "Bit," McGarry served in the capacity of a "poker dealer" in the operation of the illegal enterprises. Specifically:

On 11119/08, McGarry discussed the illegal poker activities at the Bit, of which the tavern owners indicated a desire to share in the illegal profits. He explained that McKay and Davis will run the game at the tavern, while McGarry, Thompson, and Godwin will be the dealers. On 1217/08, Detective VanBrunt went to the Bit and participated in illegal gambling, in which McGarry was a dealer and took a rake.

Form 34,QE 5/98

PAGE 2 OF 3

SEATTLE POLICE DEPARTMENT

INC!DENT NUMBER

07-381875

CERTIFICA TION FOR DETERMINA TION OF PROBABLE CAUSE

UNIT FILE NUMBER

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is

true and correct to best of my knowledge and belief. Signed and dated by me this '7 r4

day of fFi)t2J.\Ad:~ ;2011, at Seattle, Washington.

. f2jJ/2~h [Q12-;5r

form. 34.0E 5/98

PAGE 3 OF 3

cAusENo. l_1 __ ~~~~-~O_-~I~(~8~, 4~/~j

SEATTLE POLICE DEPARTMENT

CERTIFICA TION FOR DETERMINA TION OF PROBABLE CAUSE

That Ryan M. Long is a Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

There is probable cause to believe that Ian M. McNamara, 9-4-72, committed the crime(s) of Professional Gambling 1st degree, RCW 9.46.220 (Class B Felony); Ownershipiinterest in a Gambling Device, RCW 9.46.215; Conducting (Gambling) Activity Without a License, RCW 9.46.160 (Class B felony); Causing a Person to Violate Chapter, RCW 9.46.180 (Class B Felony); Acting Without a (Liquor) License, RCW 66.44.090 (Gross Misdemeanor) within the City of Seattle, County of King, State of Washington.

This belief is predicated on the following facts and circumstances:

Seattle Police personnel became aware of an illegal gambling/alcohol enterprises at 1019 E Pike Street (known as the YARD)~ 2646 NW 64th Street, 9721 6th Avenue NW, and 4818 17th Avenue NW, Seattle, King County, Washington, on or about August, 2007. Subsequent investigation utilizing Undercover Detectives (UCD), audio intercepts, and video and photographic surveillance confinned the existence of underground illegal gambling enterprises (concurrent with illegal liquor sales), and supported the issuance of search warrants which yielded additional evidence.

Between February of 2008 and June of 2009, Ian McNamara planned, conspired, prepared, participated in and paid support for gambling enterprise(s) within the City of Seattle, County of King, State of Washington. Detective Van Brunt identified McNamara as a regular participant at the locations of 1019 E Pike Street, 2646 NW 64th Street, 9721 6th Avenue NW, and 4818 17th Avenue NW, as well as 2400-2410 3rd Avenue, in the City of Seattle. McNamara performed assorted duties at the illegal gambling enterprises, from a poker card player (at Wilson's) to pitboss (at Donnell's) to venue operator (at the Bit Tavern).

Persons or organizations, who wish to engage in lawful, charitable gambling activities such as raffles, must satisfy certain requirements of the Washington State Gambling Commission, which includes the notification of local law enforcement. For the City of Seattle, the police' department's Vice Unit is the entity to be notified, The review of such notifications is my responsibility. At no time did any person associated with the afore-mentioned locations make notification of such charitable efforts, even for subterfuge.

Illegal gambling/liquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 18t degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan Van Brunt to these illegal gambling locations and assisted with a technical estimate of the gambling activities, to include wagers in excess of $5000 in any 30-day period, in which the operators made financial gain. While there, Agent Lucci made a technical estimate of the gambling activities. His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic beverages from staff within these locations. According to the undercover officer, he observed more than five

Form 34.0 1106

PAGE 1 OF 2

SEATTLE POLICE DEPARTMENT

INCIDENT NUMBER

07-381875

CERTIFICA TION FOR DETERMINATION OF PROBABLE CAUSE

UNiT FILE NUMBER

individuals involved in the gambling operations of both locations. McNamara's specific violations were noted on approximately 10 undercover visits during the investigation, not including the incident when McNamara was detained during the service of search warrants at 1019 E Pike Street on June ~ 0, 2009.

The undercover police officer was advised by a coconspirator to the gambling operation that McNamara was paying money to the owners of the Bit Tavern in order to use the room above for this gambling enterprise. According to the undercover police officer, he saw McNamara on two separate occasions at the Bit Tavern. On each occasion, McNamara oversaw the gambling activities that took place in this location. McNamara performed all of the duties of a "game manager/pit boss." A "game manager/pit boss" oversees the gambling activity and acts as the ultimate arbiter of any disputes that may arise during the gambling activity. He provides direction to each dealer regarding table operations including gifting (giving a player free chips), when to change decks of cards, and the rotation of dealers.

By the end of April, 2008, William Donnell ceased illegal gambling activities at the former address (2646 NW 64th Street) and moved to a new residence at 9721 6th Av NW. The illegal activities continued at this location. McNamara was observed participating in the illegal gambling activities on 6-9-08, and specifically gave directions to the poker dealers on 3-26-09.

On 11-19-08, McNamara was' identified by co-conspirator Brady McGarry as the operator of the illegal game at the Bit Tavern; on 12-11-08, Detective Van Brunt visited this illegal gambling establishment, where McNamara gave a tour of the bar service area and two poker rooms. "While participating in these illegal gambling activities, hosted by McNamara, Detective Van Brunt heard McNamara say, "This is my place" ,to another player. Later that same evening, 12-19-08, McNamara "cashed out" other players, meaning he accepted their poker chips and provided money in return.

Pursuant to the issuance of search warrants, the residence at 9721 6th A v NW was searched for evidence, which revealed countless items of investigatory value. These included gambling items (tables, chips, cards, etc), liquor items (alcohol, coolers; etc), and drug items (quantities of assorted drugs, scales, etc), as well as money. An examination of co-conspirator Donnell's cellular phone revealed additional incriminating evidence against Mcl-lamara regarding the illegal gambling activity.

Under penalty of perjury under the laws of the State of Washington, I certify that the foreg0W-r is true and co~ct to best of my knowledge and belief. Signed and dated by me this --!9L...--day of !~0~7 ,2011, at Seattle, Washi~on.

. .PJik01LJ

Form 34.01; 5/98

PAGE 2 OF 2

CAUSE NO. 1_1_-_cr~~_O_, ~_1 _7 ....:..8_.::::5_~

SEATILE POLICE DEPARTMENT

CERTIFICATION FOR DETERMINA TION OF PROBABLE CAUSE

That Ryan M. Long is a Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

There is probable cause to believe that James P. Miller 119/1981 committed the crime(s) of Professional Gambling 1st degree, RCW 9.46.220 (Class B Felony); Conducting (Gambling) Activity Without a License, RCW 9.46.160 (Class B felony); Causing a Person to Violate Chapter, RCW 9.46.180 (Class B Felony); Acting Without a (Liquor) License, RCW 66.44.090 (Gross Misdemeanor) within the City of Seattle, County of King, State of Washington.

This belief is predicated on the following facts and circumstances:

Seattle Police personnel became aware of an illegal gambling/alcohol enterprise at 1410-1412 14th Avenue, Seattle, King County, Washington, on or about August 25, 2007. Subsequent investigation utilizing Undercover Detectives CUCD), audio intercepts, and video and photographic surveillance confirmed the existence of underground illegal gambling enterprises (concurrent with illegal liquor sales), and supported the issuance of search warrants which YIelded additional evidence.

Between August of 2007 and June of 2009, James P. Miller planned, conspired, prepared, and/or participated in gambling enterprise(s) within the City of Seattle, County of King, State of Washington. These included the locations of 1410-1412 14th Avenue, which was known colloquially as the "Cafe (un)American" or simply "the speakeasy," 1019 E Pike St (Apt "Y"), known as "the YARD" or simply "Rick's place," and also 2400-2410 3rd Avenue, known as the "Cafe Corsair," or simply "the space." Miller performed duties consistent with a "Pit Boss" and "Assistant Manager," while more than five other conspirators/participants performed administrative, management, and employee functions in gambling activities where players were charged a fee to participate in card games. These activities were not licensed by the state for financial gain of the operators. Miller also supervised the illegal sales of liquor concurrent with the gambling enterprise.

Persons or organizations who wish to engage in lawful, charitable gambling activities such as raffles, must satisfy certain requirements of the Washington State Gambling Commission, which includes the notification of local law enforcement. For the City of Seattle, the' police department's Vice Unit is the entity to be notified. The review of such notifications is my, responsibility. At no time did any person associated with the afore-mentioned locations make notification of such charitable efforts, even for subterfuge.

Illegal gambling/liquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 1st degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan VanBrunt to the illegal gambling locations at 1019 East Pike Street ("the Yard") and 2400-2410 3rd Avenue ("Cafe Corsair") on two separate occasions. While there, Agent Lucci made a technical estimate of the gambling activities. His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic

Form 34.0 1/06

PAGE 1 OF 2

SEATTLE POLICE DEPARTMENT

INCIDENT NUMBER

07-381875

CERTIFICA nON FOR DETERMINA nON OF PROBABLE CAUSE

UNIT FILE r;UMBER

beverages from staff within the locations, which were supervised. by Miller. Miller's specific violations were noted on approximately 25 undercover visits during the investigation, including the incident when Miller was detained during the service of search warrants during gambling activities at 1019 E Pike St on June 10,2009. According to the undercover officer, he observed more than five individuals involved in the gambling operations of both locations>

James Miller served in the capacity of a "game manager" or "pit boss" in the operation of the illegal enterprises. A "game manager/pit boss" oversees the gambling activity and acts as the ultimate arbiter of any disputes that may arise during the gambling activity. He provided direction to each dealer regarding table operations including gifting (giving a player free chips), when to change decks of cards, and the rotation of dealers. Miller's actions included:

Specific to the "YARD";

On 10-17-07, Detective Van Brunt met Miller at his first visit to the Yard. Detective Van Brunt exchanged money for gambling chips with Miller in order to play cards, then Miller participated in the poker game as well. On numerous occasions in 2007, 2008, and 2009, Miller acted in the capacity of "pit boss" and poker player at the illegal gambling enterprise located at 1019 E Pike St, Seattle (King County), WA. Detective Van Brunt observed Miller exercise decision-making control over card dealers and the bartenders selling liquor. On 6-8-08, Miller entered Wilson's office and retrieved a powder that he identified to Detective Van Brunt as "cocaine." Detective Van Brunt then purchased' approximately 2 grams of cocaine from Miller. 'Miller had on-demand access to Wilson's office/private room, which contained the proceeds, narcotics, and weapons.

Specific to the "Corsair"; .

Miller visited the prospective gambling location at 2400-2410 3rd Avenue, Seattle (King County), WA on 03-05-08 to conspire with other SUbjects. On 3-23-08 he stated he would be the game manager/pit boss. Miller met with Pan and Detective Van Brunt on 03-2(5'-08 to discuss the floor plan. On 4-1-08, Wilson confirmed Miller's position as pit boss for the Corsair, and income would be 5% of the illegal profit. Miller acted as pit boss at the Corsair during Detective Van Brunt visits such as 9-24-08 and 11-5-08.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct to best of my knowledge 'and belief. Signed and dated by me this 1 p..f ,

day of Fi:;B/2.t,JAr'1 ,2011, at Seattle, Washington.

f3;j~ rerl?

Form 34.01; 5/98

PAGE 2 OF 2

SEATTLE POLICE DEPARTMENT

CAUSENO. _

CERTIFICA TlON FOR DETERMINA TlON OF PROBABLE CAUSE - NARCOTICS

UNIT FILE NUMBER

INCIDENT NUMBER

07-381875

That Detective Sergeant Ryan M. Long of the Seattle Police Department believes that there is probable cause that James P Miller 1/911981 committed the crime(s) of Violation of the Uniformed Controlled Substances Act on June 8, 2008; July 3, 2008; September 24, 2008; September 26, 2008; October 15, 2008 at 1019 E Pike St Apt "Y'' and 2400-2410 3rd Avenue within the City of Seattle, County of King, State of Washington by delivering cocaine, a controlled substance.

. .

This belief is predicated on the following facts and circumstances:

Detective Bryan Van Brunt encountered Miller, starting in October 2007, during an undercover investigation into illegal gambling activities.

On June 8,2008, Detective Van Brunt observed Miller retrieve a white powder from a dresser in Richard Wilson's bedroom at 1019 E Pike St, Apt Y. Miller then inhaled some of the powder through his nose. 'When Detective Van Brunt inquired what it was, Miller responded "cocaine." A short time later, Detective Van Brunt asked if he could purchase some cocaine. Miller advised that "Rick has some" and inquired how much Detective Van Brunt wanted. Miller advised that the price would be $50 per gram. Detective Van Brunt and Miller went into Wilson's bedroom again and Detective V an Brunt gave $100 to Miller, 'who retrieved 4 glassine baggies, from the same location as before, containing white powder and gave them to Detective VanBrunt. The approximately 2 grams in these baggies later field-tested positive for the presence of cocaine.

On July 3,2008, Detective Van Bruntmet Miller again at 1019 E Pike St, Apt Y, and asked to buy $50 more cocaine. Miller accepted the $50 and led Detective Van Brunt into Richard Wilson's bedroom and weighed a glassine baggie containing white powder on an electronic scale. Miller continued to add powder until the scale read approximately 1 gram, then gave it to Detective VanBrunt. The contents later field-tested positive for the presence of cocaine.

On September 24, 2008~ Detective Van Brunt met Miller at 2400-2410 3rd Avenue, known as the "Corsair." Detective Van Brunt purchased approximately 1.5 grams of cocaine (in three glassine baggies) from Miller for $75. This was memorialized via audio recording. The contents later field-tested positive for the presence of cocaine.

On September 26, 2008, Detective Van Brunt met Miller at 2400-2410 3rd Avenue, known as the "Corsair." Detective VanBrunt purchased approximately 1.5 grams of cocaine (in three glassine baggies) from Miller for $75. This was memorialized via audio recording. The contents later field-tested positive for the presence of cocaine.

On October 15, 2008: Detective Van Brunt met Miller at 2400-2410 3rd Avenue, known as the "Corsair." Detective VanBrunt asked to purchased cocaine from Miller, who replied that he did not have any cocaine available. Instead, Miller introduced Detective Van' Brunt to a white female (known only as "Liz"), who he said would be able to sell Detective VanBrunt cocaine. Liz ultimately sold approximately 3 grams of suspected cocaine to Detective VanBrunt for

Form 34.1 e 5/98

PAGE 1 OF 2

SEATTLE POLICE DEPARTMENT

INCIDENT NUMBER

07~381875

CERTIFICA TION FOR DETERMINA TlON OF PROBABLE CAUSE NARCOTICS

UNIT FILE NUMBER

$130. This was memorialized via audio/video recording. 1?e contents later field-tested positive for the presence of cocaine.

On June 10, 2009, the service of search warrants served at 1019 E Pike St resulted in the discovery of additional drugs in the same location where Miller obtained the drugs to serve Detective Van Brunt.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing

is true and correct to best of my knowledge and belief. Signed and dated by me this ~ '1

day of rr\~c...~ 2010, at Seattle, Washington.

1&J~ 4iZ1

Form 34.0E 5/98

PAGE 2 OF. 2

------

---- --------

SEATILE POLICE DEPARTMENT

CAUSE NO. ------:l1I--JI---- -I+-G-,,-'-+O+-I-f-I ..f-? -k'-8 '"'*"o-!5==---S-I':'YE:::..nlfY r" r' ..

IifENERA~ OFFENSE #

... " • ~ lJ7.=381875

CERTIFICA TlON FOR DETERMINATION OF PROBABLE CAUSE

UNIT FILE NUMBER

That Ryan M. Long is a" Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

There is probable cause to believe that DK Pan 6-30-1972 committed the crime(s) of Money Laundering, RCW 9A83.020; Criminal Impersonation i" degree, RCW 9A.60.040; Professional Gambling l " degree, RCW 9.46.220; Conducting Activity without a License, RCW 9.46.160; Causing a Person to Violate Gambling Chapter, RCW 9.46.180; Acting without a (Liquor) License, RCW 66.44.090; within the City of Seattle, County of King, State of Washington.

This belief is predicated on the following facts and circumstances:

Seattle Police personnel became aware of an illegal gambling/alcohol enterprise at 1410-1412 l4th Avenue, Seattle, King County, Washington, on or about August 25, 2007. Subsequent investigation utilizing Undercover Detectives CUCD), audio intercepts, and video and photographic surveillance confirmed the existence of underground illegal gambling enterprises, and supported the issuance of search warrants which yielded additional evidence.

Between August of 2007 and June of 2009, DK Pan planned, conspired, prepared, participated in, and operated gambling enterprise(s) within the City of Seattle, County of King, State of Washington. These included the locations of 1410-1412 14th Avenue, which was known colloquially as the "Cafe (un)American" or simply "the speakeasy," 1019 E Pike St (Apt "Y"), known as "the YARD" or simply "Rick's place," and also 2400-2410 3rd Avenue, known as the "Cafe Corsair," or simply "the space," as well as 2646 NW 64th Street and 9721 6th Avenue NW, known as "Ballard" or "Bill's." Pan performed duties consistent with a "Chief Operating Officer" and bartender and dealer/player for the enterprises affiliated with Rick Wilson, and performed duties as a dealer and player for the enterprise operated by William Donnell, while more than five other conspirators/participants performed administrative, management, and employee functions in gambling activities where players were charged a fee to participate in card games. These activities were not licensed by the state.

Illegal gambling/liquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 1 st degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan Van Brunt to these illegal gambling locations and assisted with a technical estimate of the gambling activities, to include wagers in excess of $5000 in any 3~-day period, in which the operators made financial gain. While there, Agent Lucci made a technical estimate of the gambling activities. His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic beverages from staff within these locations. According to the undercover officer, he observed more than five individuals involved in the gambling operations of each locations.-

Specific to the Cafe (un)American, 1410-141214th Avenue, DK Pan served as the operational second in command to Wilson, supervising and coordinating the day-to-day illegal activities at the location(s).

Form 34.0 1/06'

PAGE 1 OF 4

SEATTLE POLICE , DEPARTMENT

INCIDENT NUMBER

07-381875

CERTIFICA TION FOR PETERMINA TlON OF PROBABLE CAUSE

UNrf FILE tvUMBER

On 10-12-07, Eric Sun introduced Detective Van Brunt to DK Pan at the Cafe (un)Aroerican in order to facilitate Detective Van Brunt's entry into "Rick's" illegal gambling enterprise at 1019 E Pike St. Detective Van Brunt purchased an alcoholic beverage from Pan to verify the alcohol violation criminal allegation. Pan provided Wilson's cellular phone number (206-271-7227) for Detective Van Brunt to arrange entry into "Rick's," and then provides his own cellular phone number (206-940-6079).

A "rake" is .. a predetermined percentage or amount collected by the dealer on behalf of the owners/operators of the gambling establishment from the final pot of each particular card game. The "rake is taken from the pile of chips on the table, and these chips are cashed out by the house. A "rake" is taken from every final pot and this is the price each player pays to participate in the card game.

Specific to 1019 E Pike St, Seattle, King County, Washington; known as "Rick's" or "The Yard,"

Beginning October 2007, Detective Van Brunt became a regular customer and card player at the illegal gambling location known as the "Yard," because of the stenciled letters "YARD" above the door, which was also Rick Wilson's residence. Detective Van ' Brunt gambled at the location, where he observed a "rake." The poker chips have the denomination on one side (red=$0.25, black=Sl , and orange/red=$5) and "cafe (un)american" on the other. Detective Van Brunt participates in gambling and observes the various dealers take a "rake." This is when the dealer takes a portion of the pot for

the house's profit. '

On October 16,2007, Pan left a voicemail message for Detective Van Brunt stating there would be a poker game at "Rick's" on 10-17-07 at 1900, and provided directions. On 5- 29-08, 6-26-08, 7-7-08, 8-7-08, 8-20-08, 9-10-08, Pan dealt poker and acquired the "rake." On other occasions, Pan played poker from which the house took a rake.

Specific to 2400-2410 3rd Avenue, Seattle, King County, Washington; known as "the Corsair" orvthe space," and the associated front enterprise known as the "Free Sheep Foundation,"

Beginning in February 2008, Detective V an Brunt became a silent partner with Wilson, Sun, and Pan, among others, to identify, open and operate an illegal gambling venue in the Belltown neighborhood of Seattle. In exchange for being the "clean" name on the lease; Detective van Brunt would get part of the illegal gambling profit.

Form 34.0E 5198

Pan visited prospective location on 03-05-08 to conspire with other members of the group. Pan met with Miller and Detective Van Brunt on 03-26-08 to discuss the floor plan, and also discussed ways to cover the illegal activity at the location. Wilson, who was acting in the capacity as a Chief Executive Officer, identified Pan on 4-1-08 as the one responsible for managing the "legal front" involving the sublease of space to local artists, then went on to reiterate his position as "CEO" and Sun to be an "advisory partner" responsible for accounting. Additional discussions with Detective Van Brunt on 4-8-08 address the issue of concealing the illegal activities from the police. The method

PAGE 2 OF 4

Ir-iCIDENT NUMBER

07-381875

SEATILE POLICE DEPARTMENT

CERTIFICA TlON FOR DETERMINA nON OF PROBABLE CAUSE

UNIT FILE; NUMBER

" of re-infusing illegal profit into the gambling enterprise was also discussed, as well as the disbursement of percentage proceeds to the managers. On 4-21 -08 Pan discusses operating methods for the "legal front" for the illegal activities at the Corsair. On ,5-8-08, Detective Van Brunt returned to the Corsair, where he was to meet Pan to conduct a walkthrough of the warehouse. Pan did not arrive, but they conversed by phone regarding the activities. Pan did meet with Detective Van Brunt and the building owner's representative on 5-12-08 to discuss assorted construction topics related to the building. Pan completed construction and modification tasks at the Corsair on numerous occasions. Pan dealt poker at the Corsair on 9-24-08, 9-26-08 and acquired the "rake" for the house. On 12-5-08, Pan sent an email to Detective Van Brunt regarding the Corsair, where he admitted that they were starting to profit from the operations, and offered Detective Van Brunt his monetary share. On 12-9-08, Pan provided $2600 in payments to Detective VanBrunt for Corsair expenses and illegal profit from the illegal gambling enterprise.

In addition to the gambling activities, Pan was the person identified by the group of conspirators to act as the "curator" for the front organization designed to hide the illegal gambling activities. In recorded conversations, monikers such as "Don't Arrest Us, Incorporated" and "Legal Front" were jokingly considered as potential names to be used for the front organization, which was an art gallery that ultimately bore the name of "Free

. Sheep Foundation." Pan organized "fundraiser" art and music events under the name of this organization, which was admittedly created only to generate plausible deniability to law enforcement, should suspicion arise. Pan stated that inquiries would be made to the Liquor Control Board, Secretary' of State, Gambling Commission, and non-profit sponsors in order to generate favor from investigating agencies, should a question arise. Electronic mail messages advertising events were received and/or recovered by investigators. On occasion, Detective VanBrunt attended the gatherings to document the activities. Further, Pan provided interviews to local independent reporters regarding the art foundation in order to give it legitimacy. On 7-10-08, Pan asked Detective Van Brunt to purchase some supplies for the illegal enterprise. Upon Detective Van Brunt's arrival, Pan gave Detective VanBrunt an invitation for the opening of the Corsair's art studio cover, which was scheduled for 1.-11-08. This cover was identified as the Free Sheep Foundation. Pan then hosted the opening event on the 11 th. It was discovered that, while Pan initially applied for licensing recognition for the Free Sheep Foundation, he never followed through, either at the city or state level. On 8-8-08, Pan applied for fiscal sponsorship from the Allied Arts Foundation, as he said he would, but never followed up with any supportive records or documentation beyond the initial application, though he hosted numerous events which resulted in monetary gain. One of these was an event in which money was raised via an online ticket sales corporation, known as "brownpapertickets.org." (October 'I 0-19,2008).

On October 11, 2008, uniformed police officers contacted Pan at 2400-2410 3rd Avenue. Pan provided the rehearsed cover story regarding art activities at the location in order to divert any further investigation.

Several times during meetings with Detective Van Brunt, Pan was recorded, pursuant to court authorization, articulating the details of the criminal gambling enterprises, including

PAGE 3 OF 4

SEATTLE POLICE OEFARTMENT

INCIDENT NUMBER

07-381875

CERTIFICATION FOR DETERMINA TlON OF PROBABLE CAUSE

UNIT FILE NUMBER

his leadership role. Throughout 2007,2008, and 2009, Pan continued to participate in the illegal enterprises and exercise control over the front operation

Specific to 2646 NW 64th St, Seattle, King County, Washington; known as "Bill's" or "B allard, "

In February, 2008, DK Pan facilitated Detective Van Brunt"s participation in another gambling enterprise, known as "Bill's," at 2646 NW 64th St, Seattle. Detective Van Bruntparticipated in illegal gambling and meets the proprietors, William Donnell and Todd Lucas. The dealers consistently took a "rake" for the house profits. Detective Van Brunt becomes a semi-frequent player at this location. Pan regularly played poker and dealt poker (accepting the rake) at this illegal gambling enterprise.

Specific to 9721 6th Av NW, Seattle, King County, Washington; known as "Bill's" During this time, the gambling activities at 2646 NW 64th St moved to a new location at 9721 6th Avenue NW, Seattle (King County), W A. Detective VanBrunt went to that location on numerous occasions and participated in the illegal gambling activities that were ongoing there, still operated by Donnell, though Lucas was no longer a partner. Pan continued to participate in a similar role at this location.

Pan operated the art gallery front covering the gambling venue at 2400-2410 3rd Avenue until its closure in January, 2009, at which time he moved the Free Sheep Foundation to the former hot tub rental business known as "Tubs," which 'was owned by. Sun and vacant pending redevelopment.

On June 10, 2009, police executed a search warrant at 1019 E Pike St, among other locations, and seized evidence pertaining to the criminal activities, which included gambling equipment, documents, and electronics. An examination of the evidence revealed more incriminating information pertaining to Pan's responsibility for activities at 1410-1412 14th Avenue, 1019 E Pike St, 2646 NW 64 Street, 9721 6th Avenue NW, and 2400-2410 3rd Avenue.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct to best of my knowledge and belief. Signed and dated by me this 1 nJ

day of Ke~1 ,2011, at Seattle, was~~

__ ~£~W=~~··~0~l~~~~2_· __

Fonn 34.0E, 5/9B

PAGE 4 OF 4

1.1 - F- 0 1 7 8 7 - ~ SEA

CAUSENO. ~ __ ~~ _

GENERAL OFFENSE #

07-381875

SEATTLE POLICE DEPARTMENT

CERTIFICA nON FOR DETERMINA TION OF PROBABLE CAUSE

UNIT FILE: NUMBER

That Ryan M. Long is a Detective Sergeant with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case Number 07-381875;

'There is probable cause to believe that Rashaad 1. Thompson 114176 committed the crime(s) of Professional Gambling 1st degree, RCW 9.46.220 (Class B Felony); Conducting (Gambling) Activity Without a License, RCW 9.46.160 (Class B felony); Causing a Person to Violate Chapter, RCW 9.46.180 (Class B Felony); within the City of Seattle, County of King, State of Washington.

This belief is predicated on the following facts and circumstances:

Seattle Police personnel became aware of an illegal gambling/alcohol enterprise at 1410-1412 14th Avenue, Seattle, King County, Washington, on or about August 25, 2007. Subsequent investigation utilizing Undercover Detectives (UCD), audio intercepts, and video and photographic surveillance confirmed the existence of underground illegal gambling enterprises (concurrent with illegal liquor sales), and supported the issuance of search warrants which yielded additional evidence.

Between October of2007 and June of 2009, Rashaad 1. Thompson planned, conspired, prepared, andlor participated in gambling enterprise(s) within the City of Seattle, County of King, State of Washington. These included the locations of 1019 E Pike St (Apt "Y"), known as "the YARD" or simply "Rick's place," and also 2400-2410 3rd Avenue, known as the "Cafe Corsair," or simply "the space," and above The Bit Tavern, located at 4818 17th Avenue NW. Thompson performed employee duties as a poker card dealer, while more than five other conspirators/participants performed administrative, management, and employee functions in gambling activities where players were charged a fee to participate in card games. These' activities were not licensed by the state, but were conducted for profit by the operators.

Persons or-organizations who wish to engage in lawful, charitable gambling activities such as raffles, must satisfy certain requirements of the Washington State Gambling Commission, which includes the notification of local law enforcement. For the City of Seattle, the police department's Vice Unit is the entity to be notified. The review of such notifications is my responsibility. At no .time did any person associated with the afore-mentioned locations make notification of such charitable efforts.

'Illegal gambling/Iiquor activities occurred frequently at these locations, and rose to a level sufficient to reach Professional Gambling in the 1 st degree. Agent Clint Lucci, of the Washington State Gambling Commission, accompanied Detective Bryan Van Brunt to these illegal gambling locations and assisted with a technical estimate of the gambling activities, to include wagers in excess of $5000 in any 30-day period, in which the operators made financial gain. While there, Agent Lucci made a technical estimate of the gambling, activities. His conclusion was that there was in excess of $5,000 in wagers made on each of the occasions he was there in which the operators made financial gain. Each purchased alcoholic beverages frOID staff within these locations. According to the undercover officer, he observed more than five

Form 34,0 1/06

PAGE 1 OF 2

SEATTLE POLICE DEPARTMENT

)NCIOEl'<, NUMBER

07-381875

CERTIFICA TION FOR DETERMINATION OF PROBABLE CAUSE

UN IT Fill:; NUMBER

individuals involved in the gambling operations of each location. Thompson's specific violations were noted on approximately 20 undercover visits during the investigation. -

A "rake" is a predetermined percentage or amount collected by the dealer on behalf of the ownersloperators of the gambling establishment from the final pot of each particular card game. The «rake is taken from the pile of chips on the table, and these chips are cashed out by the house. A "rake" is taken from every final pot and this is the price each player pays to participate in the card game.

Specific to the "YARD," Rashaad Thompson served in the capacity of a poker card dealer in the operation of the illegal enterprises. For example:

Detective Van Brunt observed Thompson performing employee duties at the Yard as a card dealer for illegal gambling on 10/31107, 11/7/07,2/20/08,4/9/08,6/4/08,7/3/08, and 1018/08. During each incident, Detective Van Brunt observed Thompson take a rake from the final pot of each hand, for the profit of the illegal gambling enterprise.

Regarding 'the Illegal gambling activity at "BiJI's," which was located at 2646 NW 64th Street, Thompson vouched for Detective Van Brunt's entry into the illegal gambling enterprise on 2/18/08 in order for Detective VanBrunt to participate in the gambling.

Regarding the "Corsair," Thompson served in the capacity of a poker card dealer in the operation of the illegal enterprises. Specifically:

Detective Van Brunt visited the Corsair, located at 2400-2410 3rd Avenue, and observed Thompson performing duties as a card dealer (taking a rake from the final pot of each hand as house profit) on 10/8/08, 10/19/08, and 1115108.

Regarding the Bit Tavern, Thompson served in the capacity of a poker card dealer in the operation of the illegal enterprises. Specifically:

On 12/7/08, Detective'Van Brunt visited the Bit, located at 4818 17th Avenue NW, where Thompson met him at the exterior door, let him in, and then closed and locked the door behind them. Detective Van Brunt then observed Thompson performing duties as a card dealer (taking a rake from the final pot of each hand as house profit) on that date and on , 12/13/08. On both dates, Thompson "cashed-in" Detective Van Brunt, accepting Detective Van Brunt's money in exchange for poker chips at the start of the game.

Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is

true and correct to best of my knowledge and belief. Signed and dated by me this '177+

day of ~~7 ,2011, at Seattle, Washington. .

elJl~.z;: G I Z3

Form 34_0E 5198

PAGE 2 OF 2

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Daniel T. Satterberg, Prosecuting Attorney W554 King County Courthouse

516 Third Avenue

Seattle, Washington 98 I 04

(206) 296·9000, FAX (206) 296-0955

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CAUSE NO. ll-C-01781-4 SEA CAUSENO.1l-C-OI782-2 SEA CAUSE NO. l1-C-O 1783~1 SEA CAUSE NO. 11-C-O 1784-9 SEA CAUSE NO. ll-C-OI785-7 SEA CAUSE NO. ll-C-01786-5 SEA CAUSE NO. ll-C-OI787-3 SEA

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PROSECUTING ATTORNEY CASE SUMMARY AND REQUEST FOR BAIL AND/OR

6 CONDITIONS OF RELEASE

, .

7 The State incorporates by reference the Certification for Determination of Probable

Cause written by Sgt. Ryan Long of the Seattle Police Department regarding incident number 8 07-381875.

9 REQUEST FOR BAIL

10 Pursuant to CrR 2.2(b )(2)(0, the State requests that the' Court issue a summons directing

each defendant to appear in court.

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Defendant Honeycutt's criminal history includes convictions for Theft in the Second 12 Degree (2 counts) and Theft of a Firearm.

13 Defendant McGarry's criminal history includes convictions for Criminal Trespass in the

Second Degree.

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Defendant Thompson'scriminal history includes convictions for Attempted Theft in the Second Degree.

Defendants Donnell, McNamara, Miller, and Pan have no prior criminal convictions.

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Signed this I - day of March, 20 II.

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~cLv J(.):J~~~

Andrew R. Hamilton, WSBA #8312

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Prosecuting Attorney Case Summary 'and Request for Bail andlor Conditions of Release - 1