The man arrested Thursday for allegedly pulling a gun and aiming it at the chest of a fellow Tumwater Fred Meyer shopper appeared in Thurston County Superior Court Friday afternoon.
Judge Carol Murphy found probable cause to charge Sherwin B. Seed, 39, of Rochester with second- and third-degree assault and resisting arrest and ordered him held on $50,000 bail.
The bail amount aligns with what Deputy Prosecuting Attorney Scott Jackson recommended. Seed does not have any known criminal convictions, according to court documents.
"We believe that the defendant is likely to commit a violent offense, based on the nature of these allegations," Jackson said, adding that the alleged crime was committed with a firearm in a busy public place and that he resisted and fought with police when asked to surrender his firearm.
Jackson also argued that, since court documents indicate Seed has a mental health-related diagnosis, he should not have had a gun.
According to the prosecutor's statement of probable cause, Seed was approached by another shopper in the produce section of Fred Meyer Thursday. The shopper told police that he asked Seed to "put on a mask like the rest of us."
Seed said he does not believe the COVID-19 pandemic is real, but rather it is a hoax, and that he wouldn't wear a mask, according to the prosecutor's statement. He then told the other shopper to get away from him.
Washingtonians are under a statewide order to wear face coverings in indoor public settings and when outdoors and unable to maintain 6 feet of distance from others. A governor's order directs businesses to require and enforce the use of face coverings by customers.
Seed and the other shopper continued to argue until the other shopper laughed at Seed, the statement reads. Seed then allegedly pulled a .22-caliber revolver from his hip and told the man to "get the f--- away" or he would shoot him.
Officers found Seed and told him they needed to speak with him, according to the statement, but he refused. After they told Seed they needed to disarm him for the safety of others in the crowded store, and he again said no, officers went "hands-on" with Seed and wrestled him to the ground, the statement reads.
At one point, officers reported it appeared Seed was reaching for his gun and they reported hearing him say "You're not getting my gun."
Officers continued to struggle with Seed, at one point trying to use a taser to subdue him, which did not work, according to the prosecutor's statement. Seed allegedly fought back throughout, at one point grabbing an officer by the vest to bring him close to his mouth in an attempt to bite the officer.
It took five officers to subdue Seed and place him in handcuffs, according to the statement.
When officers told Seed's mother, who was at the store, it was alleged her son had pointed a firearm at the other shopper, she said, "Well, he did," according to the statement. Seeds' family members present at his court appearance declined to comment on the case to The Olympian reporters.
In court, Defense Attorney Kevin Griffin argued that Judge Murphy shouldn't set bail in Seed's case, in part saying that the current allegations are the sole support for setting bond, since he has a clean criminal record.
Family members with which he lives would vouch that he wouldn't create problems for the community if he were released while his case is pending, Griffin said, and he lives on the little money he receives from Social Security Disability Insurance.
Murphy said she understood Griffin's request and acknowledged that the allegations alone are the basis of prosecutors' request to set bail based on the potential for violence. But, ultimately, she felt the bail properly reflected the serious danger Seed allegedly posed to others when he was arrested.
However, Judge Murphy said the court could modify bail when more evidence is presented to the court. She also ordered an evaluation by a designated crisis responder, that Seed surrender all firearms, and that he have no contact with the alleged victim in the case.
Seed's arraignment is scheduled for 9 a.m. July 28.
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