MILLERSBURG — A Millersburg area man on Tuesday denied being in possession of firearms as he fled the scene where he was allegedly stalking a donut delivery driver.
Andrew L. Hershberger, 40, of 4607 Township Road 302, Millersburg, pleaded not guilty in Holmes County Municipal Court to carrying a concealed weapon, menacing by stalking, possession of drugs, possession of drug paraphernalia and two counts of improper handling of a firearm in a motor vehicle.
If convicted, Hershberger faces up to six years in prison.
The charges stem from a Dec. 19 incident.
Millersburg Police were called that night to a reported disturbance at a gas station along state Route 39. There, they were advised Hershberger, who had fled the gas station as they arrived, had been following the delivery driver between his last four stops to local businesses, according to Sgt. Matt Shaner.
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Hershberger not only admitted to following the deliveryman, but said he had several loaded weapons — a pistol on him, a pistol on the dashboard and a rifle in the back seat — in his vehicle, according to Shaner.
Hershberger said he thought he was compliant with Ohio's open carry law, which does not extend to weapons in a vehicle, said Shaner.
Hershberger told the officer he had been following the deliveryman because he believed the man was delivering either heroin or methamphetamine along his route and Hershberger indicated an interest in intervening, said Shaner, noting police do not believe there was any substance to Hershberger's claim.
During Hershberger's arrest, police found marijuana on him and in the car, where they also found rolling papers, said Shaner.
Hershberger is next scheduled to appear in court for an April 13 pretrial conference. A jury trial is scheduled for May
Off. Moyer later received a report that the male in questioned was there to work on his wife's vehicle and had his gun on his
Garrett Lee Reidenbach, 20, of 13483 Shreve Road, on Tuesday, pleaded not guilty to charges of assault, unlawful restraint and aggravated menacing, filed Monday in Holmes County Municipal Court.
During the search incident to warrant arrest, a glass pipe which is commonly used for smoking Methamphetamine was found on the drivers seat. At this time Brandon was escorted to Officer W. Hammon's patrol vehicle, and placed in the prisoner compartment. Brandon was transported to the Delta County Jail, where he was booked for drug possession charges.
The officers then claimed to their supervisor, a prosecutor and in legal paperwork that the man had threatened another person with the gun, which they observed in his waistband when they arrested him, Vance said.
In the case of Illinois vs. Wardlow, many factors contributed to Wardlow’s arrest. Starting with the facts of the case, on September 9, 1995 Sam Wardlow fled after seeing police vehicles covering an area in Chicago where it was known to have high drug trafficking. Two police officers spotted Wardlow, Officers Nolan and Officer Harvey, and once Officer Nolan caught up with Mr. Wardlow, Officer Nolan proceeded to conduct a pat-down search of only the outer layer of clothing, or a “Terry Stop.” Officer Nolan was well aware that in this area, there was almost always a weapon on a suspect that was involved with some type of drug transaction. After conducting the frisk, Officer Nolan squeezed the opaque colored bag that Mr. Wardlow was
On 01/08/2015, at approximately 0930 hours, your affiant was dispatched to the area of the Valero gas station. The reporting person informed the dispatcher that there is a truck parked in the road blocking traffic and the driver is slumped over the steering wheel.
search warrant should be in hand. It is apparent that the person was looking for drugs. Anytime a person(s) signs back of their drivers
Inside of the case was a plastic container containing approximately one gram of a green leafy substance, which was field tested for marijuana with a positive result. There was also a pipe and scale containing a small amount of marijuana. There was a baggie containing a white pill marked “E 79” in the case as well. I asked Elias if the pill was methadone or hydromorphone and he replied it was just something he took to fall
I handcuffed and arrested Miles on the outstanding arrest warrants. The handcuffs were double locked. Incident to arrest, I searched Miles and found a glass pipe in his right, front, jacket pocket in violation of H&S 11364(a)-Possession of Drug Paraphernalia. I also searched Miles backpack and found an additional glass pipe. Miles spontaneously stated that the glass pipes belonged to him for smoking crack cocaine.
I conduct a traffic stop on the vehicle at 4773 W. Cermak Rd. in the parking lot of Popeye's Chicken. While I was inside my squad I observed the vehicle shake side to side. I made contact with the driver, who was identified as (Stevenson Jr., Cedrick D. DOB 07/08/97). Stevenson was only able to provide a State of Illinois photo identification card. I detected an odor of cannabis emitting from
The person has a license to carry a concealed handgun under § 5-3-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot.
Determining for sure whether there are grounds to object to the search and seizure requires review of all of the reports regarding the case. Depending on the nature and quantity of the drugs seized, this could possibly be a serious case. In any event, the person involved should consult with a criminal defense attorney or, if he cannot afford private counsel, with the public defender if he is charged.
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