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Cigarette Dispute Leads to Three Arrests

Argument results in charges of theft and vandalism.

An argument over missing cigarettes escalated into a holiday trip to jail for two Dacula residents and a Winder man.

Police were called to an Ashton Briar Court residence on Dec. 23 where they encountered Weston Davis, 19, of Winder, along with Jeshua Massey, 20, and Kaylee Majka, 19, both of Dacula. Davis informed one of the officers that he believed Massey had stolen some of his cigarettes a few days ago. Davis admitted he had no proof Massey stole them, but “was upset by the mere suspicion Massey stole them,” according to the police report.

In retaliation for the suspected theft, Davis took Massey’s guitar on the night of Dec. 22 and put it in his Volkswagen Jetta. Davis informed the officer he took the guitar without Massey’s permission and did so to make a point about Massey’s alleged thievery. Later that evening after Davis had fallen asleep, one of his friends awakened him and advised that Massey and Majka were going to damage Davis’ Jetta.

“Davis did not believe they were going to damage the Jetta until he heard a banging noise outside,” the officer wrote in the report.

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The banging noise, as Davis reportedly discovered when he looked out the window, was Majka scratching his Jetta with a rock. By that time, there were scratches on the Jetta that formed the shape of a penis and several messages including “[expletive deleted] you,” “Don’t steal,” and “Piece of [expletive deleted].”

When questioned about the incident, Massey denied stealing Davis’ cigarettes. Massey explained that he saw a pack of cigarettes a few days prior and took a couple of the cigarettes to smoke, adding that was a common occurrence and that he and Davis had shared cigarettes many times in the past. Massey later discovered his guitar was missing and began looking for it, eventually spotting it in the back seat of Davis’ locked Jetta.

Massey said he and Majka attempted to wake Davis in order to get the guitar back, but Davis refused to give them the keys to the car or retrieve the guitar himself. At that point, Massey and Majka walked outside where they located a rock and proceeded to vent their frustration upon Davis’ vehicle. Massey told the officer he had scratched the penis and the words “Don’t steal” on the vehicle and that Majka was responsible for the rest.

Majka said she didn’t know anything about the cigarette dispute, but corroborated Massey’s story about attempting to wake Davis and retrieve the guitar peaceably. Majka did dispute Massey’s account of the vandalism saying that she had made all the marks while Massey just stood there. A witness however told police that both Massey and Majka had scratched the vehicle.

After an officer returned his guitar, Massey was placed under arrest for criminal damage to property in the second degree. Majka was also taken into custody on the same charge. Davis was arrested on a charge of theft for admittedly taking Massey’s guitar. All three were transported to the Gwinnett County Jail.

Massey was released later that day on a $2,950 bond. Davis was released later that day on a $1,300 bond. As of Dec. 28, Majka remained jailed with a listed bond of $2,950.

Other recent incidents investigated by the Gwinnett County Police Department include: 

Dec. 25

  • Theft in the 1500 block of Lily Valley Drive.

Dec. 24

  • Burglary in the 3300 block of Lamont Terrace
  • Theft by taking in the 2400 block of Hamilton Mill Parkway.

Dec. 23

  • Illegal discharge of a firearm in the 1000 block of Dacula Road.
  • Theft by taking in the 800 block of Harbins Road.
  • Theft by taking in the 2800 block of Ashton Briar Court.
  • Simple battery in the 2400 block of Luke Court.

Dec. 22

  • Financial transaction card fraud in the 200 block of Beckenham Lane.

Dec. 20

  • Entering auto in the 2500 block of Harbin Springs Cove.

For questions about this blotter, email dacula@patch.comClick here for Dacula Patch's crime reporting policies.

CJ December 29, 2012 at 11:38 PM
Children being foolish is one thing. The bonds though? Excessive is an understatement. Stupidity compounded by injustice. This is not what I would consider a criminal matter. Holding a guitar hostage? Please.
Wes Davis January 10, 2013 at 04:41 AM
There are multiple incorrect statements in this article. please remove it or have it corrected. -Weston Davis
Wes Davis January 10, 2013 at 04:55 AM
Actually, allow me to clear things up. for one, they admitted to stealing my property while I was not there. Second, I told them I would give the guitar back after I had slept because I was up all night the night before. they then proceeded to vandalise my car. I did not tell them they couldn't have it back. Third, they never "spotted the in the back seat" as it was in my trunk. the only reason they knew I had it was because when they woke me up I told them I had it in my trunk and that I would return it after I slept and talked to them about stealing from me. it doesn't fly. So how did it wind up in the back seat you ask? after I saw my destroyed car I opened the trunk and tried to return the guitar while I was on the phone with 911. they told me they didn't want it so I put it into the back seat. thanks. -Weston Davis
Wes Davis January 10, 2013 at 04:58 AM
So if my train of thought is correct, if they said they didn't want the guitar anymore doesn't that mean its up for grabs? which means I technically didn't steal it in the end? hmm. I wonder.

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