UPDATE: Burglary Suspect Shot In The Face In Northeast Spokane - Spokane, North Idaho News & Weather KHQ.com

UPDATE: Burglary Suspect Shot In The Head In Northeast Spokane

SPOKANE, Wash. - One of the two men who allegedly broke into a Spokane backyard hoping to get their hands on a crop of medical pot plants now faces first degree robbery charges. Robert Bates made his first appearance in a Spokane Superior Court room Tuesday.

Spokane Police said Bates and an accomplice broke into the backyard of 1023 East Gordon Avenue at 10:18 Monday night where there was a large marijuana grow but before they could make off with too many plants, documents show a confrontation ensued.

According to a probable cause affidavit victims Darcee Kapfer and Jason Kirby saw a man they didn't know stealing Kapfer's mature marijuana plants from her backyard area. Kapfer then "armed herself with an eight food 2x4 board" but at some point, the man proceeded to take the board away from Kapfer and hit Kirby in the rib cage with the 2x4 instead. At that point the documents state Kapfer went inside her rental home to get a .38 caliber Revolver.

Then the documents state Kapfer saw the man carrying at least one of the marijuana plants over a three foot chain link fence and into the alley way. Both Kapfer and Darby saw another man sitting in a nearby truck, which was parked next to the backyard fence. The man then got into the truck and the truck sped away, but not before Kapfer fired five times toward the unknown man in the truck who had been carrying the marijuana plant.

According to police Bates was struck once in the head, remarkably, he survived.

A neighbor heard shots fired and called 911. Police arrived on the scene about 20 minutes later. Two hours later, police found Bates about nine blocks away from the scene. Investigators said Bates was lucid despite the gunshot wound in his head. Bates was taken to the hospital Monday where doctors removed the bullet from Bates' head. He was in stable condition Monday night.

Spokane Police Spokesperson Jennifer Deruwe said Bates' suspected accomplice is still on the loose and may also be injured.

Deruwe said Kapfer could potentially face criminal charges as well. According to police, Kapfer may have had more plants than permitted under Washington's new medical marijuana law. Deruwe said Kapfer claims she was growing solely for personal use and not maintaining a garden.

Authorities in Spokane have cracked down on medical marijuana recent months. In April and May, federal agents working with local law-enforcement raided at least seven dispensaries the city. Several dispensary owners now face federal charges.

This web story was filed by KHQ Local News Reporter & Anchor Chelsea Kopta

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