Smyrna Man Arrested on Gun and Drug Charges

Delaware State Police recently arrested a 47-year-old suspect on multiple gun and drug-related charges. According to state police, on September 8, 2024, at approximately 8:50 p.m. a trooper on patrol spotted a Chevy Equinox exiting the parking lot of Royal Farms located at 6358 Halltown Road in Hartly with an equipment violation. The trooper attempted to pull over the Equinox on Pearson’s Corner Road near Yoder Drive, but the suspect sped off. The trooper pursued the suspect but terminated the pursuit for the safety of other motorists. The trooper surveyed the area and later found the Equinox in a soybean field on Bryand’s Corner Road. When the trooper approached the vehicle, the suspect attempted to flee on foot. Ultimately, however, the suspect was apprehended and taken into custody.

During a search of the suspect, troopers found approximately 15.02 grams of cocaine. Troopers also searched the vehicle where they found a loaded handgun.

The suspect was taken to Troop 3 where he was charged with the following crimes:

• Possession of a Firearm during the Commission of a Felony
• Possession of a Deadly Weapon by a Person Prohibited who also Possesses a Controlled Substance
• Possession with Intent to Deliver a Controlled Substance, Tier 2, with Aggravating Factors
• Possession of a Controlled Substance, Tier 2
• Disregard for a Police Officer’s Signal
• Criminal Mischief
• Multiple traffic violations

Possession of a Firearm During the Commission of a Felony 

Delaware law makes it a crime to possess a firearm during the commission of a felony. It is considered a class B felony under the law. As you can imagine, it’s a complex statute with a lot of moving parts. To put it succinctly, this is not a crime you want to be charged with. Delaware takes the offense extremely seriously and the penalties for conviction are extremely high.

As part of the statute, any sentence imposed for this crime is not subject to suspension. Neither is the individual convicted of the crime eligible for good time, parole, or probation during the period that the sentence is imposed. Further, the sentence for another crime charged cannot run concurrently to the sentence for Possession of a Firearm During the Commission of a Felony. Further, every individual over the age of 16 is charged as an adult under the statute. And it doesn’t matter if the felony is a lesser felony or a greater one.

The crime of Possession of a Firearm During the Commission of a Felony is considered a class B felony. It is punishable by a mandatory minimum sentence of 3 years in a Level V prison. If the individual has been convicted of 2 previous felonies, then they face a mandatory minimum of 5 years in state prison. You can face a maximum of 25 years for this charge.

Talk to a Wilmington Criminal Defense Lawyer Today 

Michael W. Modica represents the interests of Wilmington residents who are facing serious criminal charges. Call a Wilmington criminal defense attorney at our office today to schedule an appointment, and we can begin preparing your defense right away.

Source:

dsp.delaware.gov/2024/09/11/troopers-arrest-smyrna-man-for-gun-and-drug-charges/