A south King County man was sentenced today in U.S. District Court in Seattle to seven years in prison for using a firearm during a drug crime that turned deadly, announced U.S. Attorney Jenny A. Durkan.
Lenny Birkin, Jr., 19, of Federal Way, and his half-brother Deshawn Boykin attempted to rob two drug dealers of two pounds of marijuana. After holding the men at gunpoint, Boykin was fatally shot as he and Brikn tried to run away.
At sentencing U.S. District Judge Robert S. Lasnik said, “firearms in the hands of people who cannot control themselves continues to create tragedy in our community.”
“From any perspective, this case is a pure tragedy,” said U.S. Attorney Jenny A. Durkan in a press release. “One young man is going to prison and his brother is dead — all over marijuana valued at less than $5,000. This is a further reminder that guns and drugs are a deadly combination.”
According to the records filed in King County Superior Court as well as the indictment, David Ross, 35 of Renton, and an associate arrived at a Federal Way apartment complex to sell marijuana to the two men. Ross was armed with a gun, despite having two previous felony drug convictions that prohibit him from possessing a firearm.
Brikn and Boykin drew “Mac 10” style semi-automatic pistols, ordered Ross and his associate to lie on the ground, and attempted to rob them of the marijuana they brought to the drug deal. Brikn and Boykin ultimately ran away, and Ross drew his gun and fired multiple times at the fleeing men.
Boykin was hit twice and died of his wounds at St. Francis Medical Center.
Ross is charged with conspiracy to distribute marijuana, unlawful possession of a firearm and discharging a firearm in furtherance of a drug trafficking crime. Discharging a firearm in furtherance of a drug trafficking crime carries a mandatory minimum 10-year sentence in addition to any other sentence imposed in the case. Ross is scheduled for trial in January 2015.
The case was investigated by the Federal Way Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant United States Attorney Todd Greenberg.