A 20-year-old Federal Way man was charged with murder after he allegedly shot and killed a 26-year-old Fall City man he said had stolen his grandfather’s gun.
On Dec. 2, the King County Prosecuting Attorney’s Office charged Isaiah C. Weiss, 20, of Federal Way, with second-degree murder for allegedly shooting and killing Bailey Bryan Mullen, 26, of Fall City. This charge stems from a Nov. 26 incident where, according to charging documents, after chasing Mullen to the The Commons at Federal Way mall, 1928 S. Commons, Weiss shot Mullen two to three times and then fled from officers when they initiated a stop.
According to KCPAO spokesperson Casey McNerthney, after the court heard from the prosecution and defense, it set bail at $2 million, and Weiss remains in jail. Weiss pleaded not guilty at his arraignment Dec. 4.
According to the King County Medical Examiner’s decedent list, Mullen’s cause of death was multiple gunshot wounds, his manner of death was homicide and the location was outdoors.
Details of the case.
At about 10:16 p.m. Nov. 26, officers were dispatched to a shooting that occurred at the Commons Mall. A caller to 911 reported hearing three gunshots and then seeing an individual on the ground near a white sedan. Callers reported that a white Mercedes-Benz and a grey BMW hatchback were involved.
Officers responding to the scene of the shooting located Mullen lying on the ground beside a white Mercedes-Benz. The officer located what appeared to be a gunshot wound to his right side, near his armpit, and another apparent gunshot-related injury to his upper right arm.
Documents state that an officer was working an overtime shift in the area of the incident and overheard several gunshots. After observing a BMW matching the one reported, the officer attempted to stop it, but it began to flee briefly before the vehicle stopped. Inside the vehicle were Weiss and his brother.
The officer who pulled over Weiss observed a black handgun plainly visible on the floorboard inside the vehicle Weiss was driving. Officers also located three fired cartridge casings in the parking lot near Mullen’s feet.
Detectives interviewed Weiss, and he said he was at home, where he, his brother, and his grandfather live, when his brother arrived after buying food. Weiss told officers that a short time later, Mullen arrived outside their home, and Weiss assumed Mullen was a friend of his brother.
Weiss told officers that then during a brief interaction with Mullen outside their home, Mullen reached into his pocket and took a Glock from him that belonged to his grandfather. Weiss said that the Glock did not have a magazine in it or a bullet in the chamber.
Weiss told officers that Mullen then left in his vehicle with the Glock, so then he and his brother pursued Mullen in their vehicle. Weiss told officers that they eventually arrived at The Commons at Federal Way mall, and he pulled out another firearm, a Smith and Wesson M&P, that also belonged to his grandfather.
Weiss told officers that his brother and Mullen were in a physical altercation, and he was worried for his brother because Mullen was bigger and stronger than his brother. Weiss and his brother described Mullen as acting erratically and challenging Weiss, telling him, “Do it,” when confronted with the pistol. Officers asked Weiss if Mullen produced or displayed the Glock he allegedly stole, but Weiss said that he did not recall Mullen armed with a gun of any sort.
“Isaiah explained his greatest fear in the moment was that Bailey would steal their car and could possibly use it to run them over, or maybe he had a knife and or another weapon he could access and inflict harm on his brother,” documents state. “Isaiah then mentioned he had also considered maybe Bailey had a spare Glock magazine on his person and could have potentially loaded the stolen firearm.”
According to documents, Weiss recalled firing his pistol twice at Mullen, and he said he knew it was at least twice because the first shot led to no reaction from Mullen. Weiss told officers that after he shot the gun again, Mullen said something along the lines of “Ok, ok,” and started walking away before collapsing on the ground. Weiss then instructed his brother to take their grandfather’s gun back from Mullen, documents state.
Detectives then interviewed Weiss’ brother, who said that Mullen was his friend, and when Mullen arrived at his home, he offered to show him his grandfather’s Glock pistol. Weiss’ brother said that when he showed Mullen the gun, he snatched it out of his hands and fled. According to documents, officers stated that Weiss’ brother’s account of how Mullen took the Glock was inconsistent with Weiss’ account.
According to documents, Weiss’ brother then called 911 and told them that he and his brother were actively chasing someone who stole their grandfather’s property. Weiss’ brother drove while Weiss was in the passenger seat. Weiss’ brother told officers that when they arrived at the mall, Mullen immediately exited his vehicle, and then reached inside their vehicle and stole his phone.
Weiss’ brother told officers that he was never physically hit or punched by Mullen, and he said that he never punched or hit Mullen. Weiss’ brother told officers that he retrieved a skateboard from the back of his vehicle and held it defensively, but he said that he never struck Mullen with it.
Weiss’ brother told officers that after the shooting, he retrieved Mullen’s keys from his pocket as he lay shot on the ground, and he retrieved his grandfather’s Glock from Mullen’s vehicle. Documents state that Weiss’ brother acknowledged it was a poor decision to try to elude the police, but he did not know what to do in the moment and just wanted to get home.
