EVERETT — A Lynnwood man won’t face trial — for now — for a drive-by shooting in central Everett earlier this year.
Prosecutors asked a judge Thursday to dismiss the charge against Malik Fulson, 23. The case against Fulson relies heavily on a co-defendant who won’t testify because he’s appealing his own conviction, the judge was told.
Without his testimony, the state cannot prove the charge beyond a reasonable doubt, Snohomish County deputy prosecutor Andrew Alsdorf said. He asked for the charge to be dismissed in a way that would leave the door open for it to be refiled later.
Defense attorney Gurjit Pandher had argued for the charge to be dismissed with prejudice, barring future prosecution. He and his client are ready to go to trial, Pandher said.
Superior Court Judge David Kurtz sided with the prosecutor, saying the defense could make their argument if the charge is ever refiled.
Fulson was accused of being in a car March 15 that chased down a BMW from the Kush Mart on Evergreen Way. Someone in the suspect’s vehicle fired multiple times at the BMW while it was stopped on Olympic Drive at Madison Street. The BMW’s three occupants were not injured.
They testified that the driver and front seat passenger were flashing gang signs before the shooting, though the men couldn’t replicate the hand gestures. They suggested they knew what gangs signs were from watching television.
The suspects fled the scene but the victims chased after the car. Three passengers jumped out of the car, leaving the driver, David Drewery, alone. He stopped in the Popeye’s restaurant parking lot on Evergreen Way. The victims held him down until police arrived.
Everett police have not identified the trigger man. They arrested Drewery the night of the shooting. He cooperated with them, giving a lengthy statement.
Drewery told police that Fulson was an acquaintance but he didn’t know the other two men in the car. He denied knowing that anyone was armed or that the shooting was going to happen.
A jury deliberated for four hours before convicting him of drive-by shooting. He was sentenced to 18 months in prison. Drewery didn’t have any prior criminal history. His attorney predicted that no one else, including the shooter, was going to be held accountable for the gunfire.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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