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James Leyva
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James Leyva, 21, is currently being held at the Denver jail under investigation of aggravated robbery.

Accused Bandit Who Didn't Get Away

Two Bumbling Bandits Beaten By Family That Own Medical Pot Dispensary

POSTED: 3:17 pm MST December 21, 2009
UPDATED: 8:18 pm MST December 21, 2009

Police released the arrest photo Monday of a bruised and battered robbery suspect who was beaten into submission by a family that owns a Denver medical marijuana dispensary last week.

James Leyva, 21, is sporting a purple shiner and cuts and bruises on a face swaddled with a bandage in the booking mugshot. He's being held in Denver jail on suspicion of aggravated robbery.

Police also released photographs of two suspects wanted in connection with the attempted robbery: Martin Martinez, 22, and Rene Frias, 29.

Members of the Hernandez family, which owns the Healthy Choice Wellness Center dispensary at 3005 W. Gill Place, said they angrily jumped two gunmen and beat them with their own weapons after one bandit pointed a gun at a 19-year-old female relative and demanded her laptop.

"When he pointed the gun at Mercedes, I lost it," said Melinda Hernandez, 45, referring to her daughter, a nursing student who was applying to be an intern at the dispensary.

When one of the gunmen dropped something, the enraged mother grabbed him from behind.

"He threatened my baby. When you threaten my family, it's on!" Melinda Hernandez declared.

Rene Frias and Martin Martinez
Police are asking for help in finding Rene Frias (left) and Martin Martinez. They are believed to be involved in the armed robbery at a medical marijuana dispensary.

In a flash, the tables were turned as family and friends tackled both gunmen and began a desperate wrestling match to pry the guns from their hands.

The bandits' guns -- an Uzi-like automatic and a handgun -- fired several times during the struggle.

Family members proudly recounted beating the bumbling bandits with their own guns.

"I broke that gun over his head," said Rafael Hernandez, 29, who co-owns the dispensary with his sister and father.

He was referring to a second gunman who was last seen fleeing the pot shop with blood pouring from a gash on his forehead.

Police asked anyone who knows the whereabouts of Martinez or Frias to call Crime Stoppers at 720-913-STOP (7867).

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