Millsboro– The Delaware State Police have arrest 33-year-old Toby J. Smokovich on drug and related charges after he was found in possession of heroin, according to Public Information Officer, Master Corporal Melissa Jaffe.
Jaffe said the incident occurred on October 30, 2019, at approximately 3:45 p.m., when Troopers observed Smokovich in the Wawa located at 24930 John J. Williams Highway, Millsboro. Troopers were aware that Smokovich had an active capias for his arrest out of the Sussex County Court of Common Pleas.
While in Wawa, Troopers approached Smokovich and attempted to take him into custody. Smokovich resisted arrest and a brief struggle ensued. During the struggle, Smokovich damaged a salad display case. Smokovich was subsequently taken into custody and found in possession of heroin, said Jaffe.
Troopers also discovered that Smokovich had attempted to discard 36 small bundles of heroin (approximately .252 grams) on the floor when he noticed the police, according to Jaffe. In the course of him throwing the small bundles, two of them struck a child who was in the store. The child did not sustain injury as a result of this incident.
Smokovich was transported back to Troop 7 where he was charged with the following:
Possession with intent to deliver a controlled substance
Endangering the Welfare of a Child
Tampering With Physical Evidence
Resisting Arrest
Criminal Mischief
Disorderly Conduct
Smokovich was arraigned before the Justice of the Peace Court and committed to the Sussex Correctional Institution 0n $4002.00 secured bond.