Jeremy Capodano, 36, of Puyallup was charged with federal drug and gun violations in the December incident which left the two alleged intruders dead.
The U.S. Attorney's Office in Seattle said in a written statement prosecutors did not consider Capodano's actions to be an act of defending his home even though the garage was attached to his residence. "This defendant chose to enter the illegal drug business, and armed himself to protect his trade, not his home," said U.S. Attorney Jenny Durkan. "His conduct brought thieves to his door, put his 7-year-old son at risk, and ended with him taking two lives."
The government seized about 200 pot plants in their investigation along with the pistol he used to shoot the two intruders plus four other firearms. Prosecutors also said they planned to seek forfeiture of Capodano's home plus another residence in Kent and two vehicles.
Capodano was taken into custody Wednesday night and faced arraignment in Tacoma Thursday.