Crime & Safety
DA: Dave McDonald Can Have His $29K Back
Former Mill Valley shop owner, who was found guilty of selling a fake illegal narcotic last month, will have money returned to him after the prosecution decided to drop claim to the seized funds earlier this week.
After the of Dave McDonald's now-defunct shop on Throckmorton Ave., as well as his van and his Fairfax home, officials from the West Contra Costa County Narcotic Enforcement Team (West-Net) said they .
Fast forward 16 months and the case against McDonald has been virtually turned on its head.
While McDonald was to an undercover agent, he was acquitted of the two other charges he faced. Although he could still face jail time for the crime - his sentence is Sept. 26 - it's a far cry from the , and further still from the immediate days after the raid.
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The guns turned out to be dusty relics. The huge bags of powder mostly tested negative for what they were purported to be.
And the money? On Aug. 17, prosecutors withdrew their petition for McDonald to forfeit the $29,215 in cash.
Find out what's happening in Mill Valleywith free, real-time updates from Patch.
"The money will be returned to Mr. McDonald," said Deputy District Attorney Sean Kensinger, who said McDonald simply needs to pick up a check from the Marin County District Attorney's office.
<McDonald may not get to keep all of the money, however. Public Defender Michael Coffino acknowleged that McDonald may have to reimburse the County of Marin for his defense now that he can pay for it. Judge Paul Haakenson will likely make a determination on the matter after issuing a sentence in the case.
"The judge may ask him to reimburse the county for the cost of his defense," Coffino said. "That would happen after the sentencing hearing."
McDonald, who has yet to receive his seized cash, has said testimony from his brother, who lives in Canada and had been sending him money for years to help keep the Pleasure Principle (McDonald received a notice of eviction shortly before his arrest and the shop never reopened after the arrest) afloat, was vital in showing that the cash was not illicit.
McDonald said he hopes that the process will go smoothly and that he'll get his money back in short order.
"I have to sign for the assets, identify myself, and then I should be able to get it," he said. "The guy I spoke to on the phone yesterday didn't say if it was going to be today or tomorrow, but it sounded like it could be soon."
Despite his acquittal on two of the three charges he faced, McDonald potentially faces a prison sentence of 16 to 36 months, though nothing is certain until the sentencing slated for Sept. 26.
