Warrant sealed due to sensitive nature of evidence, threats to law enforcement, others
The Spokane County Sheriff’s Office, with assistance from the federal Alcohol, Tobacco and Firearms Puget Sound Regional Crime Gun Task Force, has arrested a 21-year-old individual in connection with an Oct. 27 shooting at Zip’s Restaurant in Cheney. The shooting resulted in three individuals being taken to a local hospital with non-life threatening injuries.
In a Dec. 6 news release, SCSO said its Major Crimes Unit and the Spokane Regional Safe Streets Task Force obtained an arrest warrant on Nov. 21 for Kevin D. Clay of Kent, Wash. Because of a “substantial threat to individual safety,” threat to “effective law enforcement” and possibility of jeopardizing an ongoing investigation, the affidavit in support of the warrant was sealed by the issuing judge, and the disclosure of Clay’s arrest was not made public immediately.
“We don’t seal these very often,” Sheriff’s Office public information officer Dep. Mark Gregory said. “I know there were considerable amounts of tips and interviews they (investigators) conducted. My guess is there are additional people they are wanting to look at (in conjunction with the case).”
Clay was arrested on Nov. 28 at approximately 4:10 p.m. at he left his residence and walked out to his vehicle. He did attempt to flee on foot but was quickly tracked down on foot and apprehended without further incident.
Clay was booked into King County jail on three counts of attempted first-degree murder, first-degree assault, drive by shooting and one count of first-degree unlawful possession of a firearm. He is being held on $500,000 bond. Gregory said he was not aware of when Clay would be transported to Spokane County.
Cheney police received a report of shots being fired at Zip’s, 911 First St., at 3:50 a.m. on Oct. 27, with at least 18 rounds from a 9 mm handgun aimed from outside at those in the restaurant — three striking individuals, with other bullets impacting the brick facade and a window. Officials said the shooter, or shooters since there may have been more than one given the number of rounds, were seen getting into a white sedan and heading east out of downtown in the direction of Spokane. The sedan had apparently been parked in the alley between First and Second streets, with shell casings found on First and A streets.
Officials recently said Clay appeared on video evidence not only from Zips but also earlier in the evening from another fast food restaurant in Cheney.
Initial reports of the shooting drew a possible link between it and a large fight that took place earlier in the evening at a party on Blackhawk Lane, but Cheney officials later cast some doubt on this association, saying the 500-person “riot” had taken place around 1 a.m., but that other fights had broken out at other locations around the city during Eastern Washington University’s Homecoming.
None of the individuals injured were EWU students or from Cheney.
Cheney officials have complained in the past about people not associated with the university coming in from out of town and causing trouble, which sometimes can spill over to Zip’s because of its hours of operation. Gregory said such incidents are not unusual for similar businesses.
“Any place open 24 hours will have issues,” he added.
John McCallum can be reached at [email protected].
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