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Marijuana activists' feud goes to court Former friends at odds over medical dispensary
Touhey calls Kruse's assertion "an extortion plot," and has refused to share
with Kruse financial records from the Pomona dispensary. Kruse says he has
notified the IRS.
with Kruse financial records from the Pomona dispensary. Kruse says he has
notified the IRS.
For more background on this breaking medical marijuana news story please see the previous post at http://www.indybay.org/newsitems/2007/04/24/18404474.php
Peace
DaBronx
Marijuana activists' feud goes to court
Former friends at odds over medical dispensary
By Will Bigham, Staff Writer
Article Launched: 04/23/2007 11:19:42 PM PDT
Two medical-marijuana activists who worked together to open dispensaries in
Pomona and Claremont are now engaged in a fierce personal feud, with each
saying they fear retaliation from the other.
Darrell Kruse, owner of Claremont's now-defunct medical-marijuana
dispensary, accuses Dave Touhey, owner of a dispensary in Pomona, of
hoarding profits from the Pomona dispensary, which Kruse says he helped form
and from which he believes he is owed a share of the revenues.
Touhey calls Kruse's assertion "an extortion plot," and has refused to share
with Kruse financial records from the Pomona dispensary. Kruse says he has
notified the IRS.
The men live across the street from each other and have been close friends
for more than 15 years. Both said they once considered the other as family.
But that friendship has eroded in the past six months, with the feud
culminating in recent weeks with a series of sometimes bizarre threats
issued by both men and their associates.
Last week, the battle spilled into a Rancho Cucamonga courtroom, where two
of Touhey's family members unsuccessfully lobbied for restraining orders
against Kruse.
Touhey fears the public fight between the two men threatens to derail the
work of marijuana activists in the Inland Valley.
"What he's (Kruse) trying to do is create so much heat for me so that I have
to close," Touhey said. "Do you see one shred of evidence that he's
concerned about patients?"
The battle came to a head two weeks ago in the Chino neighborhood where both
men live.
Kruse walked to the center of Mustang Road, between his and Touhey's houses,
and motioned to get the attention of Francisco Lobato, the boyfriend of
Touhey's daughter. Lobato was about to get into his car in Touhey's
driveway.
Lobato told police Kruse had what appeared to be a handgun in his pocket.
Kruse denies he was carrying a gun.
According to Kruse, he told Lobato to tell Dave Touhey that his "world would
begin to crumble" in eight hours.
Lobato remembered Kruse saying Touhey's "life is going to end in eight
hours," a comment that Lobato and Touhey both believed was a threat on
Touhey's life. Cherise Touhey, Dave Touhey's daughter, dialed 911 as Kruse
drove off.
San Bernardino County sheriff's deputies swarmed the suburban cul-de-sac,
and after interviewing Lobato and speaking to Kruse on the phone, left
without making an arrest.
Kruse said the "eight hours" comment was a reference to a planned meeting
with reporters to discuss Touhey's unwillingness to share profits from the
Pomona dispensary.
The Touhey family didn't take any chances. On April 11, the day after the
confrontation, Cherise Touhey and Lobato each filed paperwork seeking a
restraining order against Kruse.
Last Wednesday, a San Bernardino County Superior Court judge dismissed both
cases because the alleged threat was made against Dave Touhey, not Cherise
Touhey or her boyfriend.
In 15 years of close friendship, both men say they've helped each other out
of several binds. Kruse turned to Touhey when he lost his house, and Touhey
credits Kruse with helping him through a divorce.
Kruse has for more than a decade dated, and now lives with, Touhey's
ex-wife's sister.
Both men had been medical-marijuana users for years when, on a trip to
Northern California, Touhey made a connection with a dispensary operator who
showed him the ropes.
Together, he and Kruse went to several cities in the San Gabriel and Pomona
valleys, trying to find a location to open their own dispensary.
They settled on Pomona in late 2005 and soon opened Farm Assist. Initially,
Kruse said, the dispensary relied on his money to purchase equipment and pay
rent, while Touhey spent more time on day-to-day operations.
Touhey says he doesn't own a credit card, so Kruse's card was the only
option for online equipment purchases. Touhey said he paid Kruse cash for
all of the purchases.
After Touhey registered the dispensary as a sole proprietorship, angering
Kruse, Touhey promised employees that profits "would be spread around,"
Kruse said. No formal profit-sharing arrangement was ever put on paper.
According to court documents filed by Kruse, Touhey was visited in mid-2006
by a man who wished to open a dispensary in Claremont.
Concerned that a Claremont operation would cut into his territory and
customer base, Kruse said Touhey urged him to open a dispensary in the city
to spook city officials into enacting a moratorium, with the end result
being no new competition in the Pomona Valley.
Touhey disputes Kruse's account, stating that the dispensary was solely
Kruse's venture.
The relationship between the two men began to sour when Kruse appeared to
crave the media attention he received when he arrived in Claremont,
appearing frequently in local newspapers and later on local TV news
programs.
Touhey says he preferred to keep a low profile, to avoid the ire of Pomona
officials.
The disagreement escalated with Kruse's accusation in December that Touhey
was supplying his dispensary with inferior "meds" - medical marijuana.
Touhey said the marijuana he was supplying Kruse was no different from what
he was selling in Pomona.
Soon after, at Touhey's orders, Kruse was barred from entering the Pomona
dispensary.
Both men say that they are traumatized by recent events. Both have lost
weight in recent months. At the conclusion of Wednesday's court hearing,
Kruse buried his head in his hands and shed tears.
"We've been family for years," Kruse said. "His entire family comes to my
house every Easter, Thanksgiving and Christmas. And Fourth of July we have
the largest fireworks display in Chino every year."
Dave Touhey cried while discussing his feud with Kruse last week.
"This guy is ruining my life. He's ruining everything I've ever stood for,"
Touhey said.
http://www.dailybulletin.com/news/ci_5736883
DaBronx
http://www.DaBronxNews.com
http://blog.DaBronxNews.com
--
Please visit the temporary home of DaBronxNews.com at
http://health.groups.yahoo.com/group/mmjnews/ for the latest marijuana news.
Peace
DaBronx
Marijuana activists' feud goes to court
Former friends at odds over medical dispensary
By Will Bigham, Staff Writer
Article Launched: 04/23/2007 11:19:42 PM PDT
Two medical-marijuana activists who worked together to open dispensaries in
Pomona and Claremont are now engaged in a fierce personal feud, with each
saying they fear retaliation from the other.
Darrell Kruse, owner of Claremont's now-defunct medical-marijuana
dispensary, accuses Dave Touhey, owner of a dispensary in Pomona, of
hoarding profits from the Pomona dispensary, which Kruse says he helped form
and from which he believes he is owed a share of the revenues.
Touhey calls Kruse's assertion "an extortion plot," and has refused to share
with Kruse financial records from the Pomona dispensary. Kruse says he has
notified the IRS.
The men live across the street from each other and have been close friends
for more than 15 years. Both said they once considered the other as family.
But that friendship has eroded in the past six months, with the feud
culminating in recent weeks with a series of sometimes bizarre threats
issued by both men and their associates.
Last week, the battle spilled into a Rancho Cucamonga courtroom, where two
of Touhey's family members unsuccessfully lobbied for restraining orders
against Kruse.
Touhey fears the public fight between the two men threatens to derail the
work of marijuana activists in the Inland Valley.
"What he's (Kruse) trying to do is create so much heat for me so that I have
to close," Touhey said. "Do you see one shred of evidence that he's
concerned about patients?"
The battle came to a head two weeks ago in the Chino neighborhood where both
men live.
Kruse walked to the center of Mustang Road, between his and Touhey's houses,
and motioned to get the attention of Francisco Lobato, the boyfriend of
Touhey's daughter. Lobato was about to get into his car in Touhey's
driveway.
Lobato told police Kruse had what appeared to be a handgun in his pocket.
Kruse denies he was carrying a gun.
According to Kruse, he told Lobato to tell Dave Touhey that his "world would
begin to crumble" in eight hours.
Lobato remembered Kruse saying Touhey's "life is going to end in eight
hours," a comment that Lobato and Touhey both believed was a threat on
Touhey's life. Cherise Touhey, Dave Touhey's daughter, dialed 911 as Kruse
drove off.
San Bernardino County sheriff's deputies swarmed the suburban cul-de-sac,
and after interviewing Lobato and speaking to Kruse on the phone, left
without making an arrest.
Kruse said the "eight hours" comment was a reference to a planned meeting
with reporters to discuss Touhey's unwillingness to share profits from the
Pomona dispensary.
The Touhey family didn't take any chances. On April 11, the day after the
confrontation, Cherise Touhey and Lobato each filed paperwork seeking a
restraining order against Kruse.
Last Wednesday, a San Bernardino County Superior Court judge dismissed both
cases because the alleged threat was made against Dave Touhey, not Cherise
Touhey or her boyfriend.
In 15 years of close friendship, both men say they've helped each other out
of several binds. Kruse turned to Touhey when he lost his house, and Touhey
credits Kruse with helping him through a divorce.
Kruse has for more than a decade dated, and now lives with, Touhey's
ex-wife's sister.
Both men had been medical-marijuana users for years when, on a trip to
Northern California, Touhey made a connection with a dispensary operator who
showed him the ropes.
Together, he and Kruse went to several cities in the San Gabriel and Pomona
valleys, trying to find a location to open their own dispensary.
They settled on Pomona in late 2005 and soon opened Farm Assist. Initially,
Kruse said, the dispensary relied on his money to purchase equipment and pay
rent, while Touhey spent more time on day-to-day operations.
Touhey says he doesn't own a credit card, so Kruse's card was the only
option for online equipment purchases. Touhey said he paid Kruse cash for
all of the purchases.
After Touhey registered the dispensary as a sole proprietorship, angering
Kruse, Touhey promised employees that profits "would be spread around,"
Kruse said. No formal profit-sharing arrangement was ever put on paper.
According to court documents filed by Kruse, Touhey was visited in mid-2006
by a man who wished to open a dispensary in Claremont.
Concerned that a Claremont operation would cut into his territory and
customer base, Kruse said Touhey urged him to open a dispensary in the city
to spook city officials into enacting a moratorium, with the end result
being no new competition in the Pomona Valley.
Touhey disputes Kruse's account, stating that the dispensary was solely
Kruse's venture.
The relationship between the two men began to sour when Kruse appeared to
crave the media attention he received when he arrived in Claremont,
appearing frequently in local newspapers and later on local TV news
programs.
Touhey says he preferred to keep a low profile, to avoid the ire of Pomona
officials.
The disagreement escalated with Kruse's accusation in December that Touhey
was supplying his dispensary with inferior "meds" - medical marijuana.
Touhey said the marijuana he was supplying Kruse was no different from what
he was selling in Pomona.
Soon after, at Touhey's orders, Kruse was barred from entering the Pomona
dispensary.
Both men say that they are traumatized by recent events. Both have lost
weight in recent months. At the conclusion of Wednesday's court hearing,
Kruse buried his head in his hands and shed tears.
"We've been family for years," Kruse said. "His entire family comes to my
house every Easter, Thanksgiving and Christmas. And Fourth of July we have
the largest fireworks display in Chino every year."
Dave Touhey cried while discussing his feud with Kruse last week.
"This guy is ruining my life. He's ruining everything I've ever stood for,"
Touhey said.
http://www.dailybulletin.com/news/ci_5736883
DaBronx
http://www.DaBronxNews.com
http://blog.DaBronxNews.com
--
Please visit the temporary home of DaBronxNews.com at
http://health.groups.yahoo.com/group/mmjnews/ for the latest marijuana news.
For more information:
http://blog.DaBronxNews.com
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