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.

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.  Subsequently Smokovich was taken into custody and found in possession of heroin.  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.  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 charge 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.

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Presented by Public Information Officer, Master Corporal Melissa Jaffe

Released: 103119 1548

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