Third burglar in Fat Smitty’s caper is no-show in court

Posted 8/20/21

An arrest warrant for $100,000 was issued for one of the alleged burglars in a 2020 Thanksgiving Day break-in at Fat Smitty’s in Discovery Bay after he failed to show up in Jefferson County …

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Third burglar in Fat Smitty’s caper is no-show in court

Posted

An arrest warrant for $100,000 was issued for one of the alleged burglars in a 2020 Thanksgiving Day break-in at Fat Smitty’s in Discovery Bay after he failed to show up in Jefferson County Superior Court Friday.

Michael Duwane Smith was expected for a pretrial hearing Aug. 13 but was a no-show.

Chief Criminal Deputy Chris Ashcraft said Smith’s extensive history for failing to appear at required court hearings and previous warrants that had been issued for his arrest.

“It looks like he’s had 29 prior warrants,” Ashcraft said.

Ashcraft initially suggested an arrest warrant set at $25,000, but revised the amount when it was noted that Smith had previously been jailed on $50,000 but bailed out.

“I would ask for $100,000 since $50,000 was not enough to guarantee his appearance,” Ashcraft said.

Superior Court Judge Keith Harper agreed and signed a bench warrant for $100,000.

Smith was one of three men arrested in the Thanksgiving Day burglary at Fat Smitty’s, an iconic roadside burger joint on U.S. Highway 101 where customers have long stapled autographed dollar bills to the ceiling and walls, leaving the restaurant wallpapered with legal tender that is eventually removed by volunteers and given to the Scouts or other charities.

Smith, a Port Orchard resident, allegedly broke into the business just before 2 a.m. Nov. 26 along with Daniel Richard Schwartz of Bremerton, and Spencer Aaron Schenk of Bremerton and the trio started stuffing their pockets with money they pulled off the walls.

A sheriff’s deputy discovered Smith, Schwartz, and Schenk driving away from the scene of the crime less than 10 minutes after 911 dispatchers were notified of the rip-off at the restaurant.

The trio was caught just before the Hood Canal Bridge, and a deputy found wads of autographed dollar bills in their pockets.  

The other two men arrested entered pleadings of guilty late last year.

Schwartz was sentenced to nine months in jail and has since been released. Schenk received a prison-based drug offender sentencing alternative.