The Mercury (Pottstown, PA)

Traffic stop lands man in prison on gun charge

- By Carl Hessler Jr. chessler@pottsmerc.com

NORRISTOWN >> A Philadelph­ia man was sent to prison after state police found him in possession of an illegal firearm during a traffic stop on the Schuylkill Expressway in Lower Merion Township.

Hombre Benzel Draine, 52, of the 4700 block of Shelmire Avenue, was sentenced in Montgomery County Court to 2½ to 5 years in a state correction­al facility after he pleaded guilty to charges of person not to possess a firearm and driving under the influence, general impairment, in connection with a September 2022 incident along I-76, also known as the Schuylkill Expressway, in Lower Merion Township.

Judge Wendy G. Rothstein imposed the sentence and said the handgun seized by police during the investigat­ion must be forfeited to the district attorney’s office.

An investigat­ion of Draine began about 3:10 a.m. Sept. 15, 2022, when state police on routine patrol on I-76 eastbound observed a white Nissan Sentra operated by Draine failing to maintain its lane by crossing over the fog line and the center line while traveling at an unusually slow rate of speed, about 35 mph, according to the criminal complaint filed by state police Trooper Nicholas Lattanzio of the Philadelph­ia barracks.

Police conducted a traffic stop and troopers observed that Draine appeared confused, had slow speech, had constricte­d pupils and a blank stare, and “displayed multiple indicators of impairment,” Lattanzio alleged. Draine showed additional signs of impairment while performing field sobriety tests.

Draine told police he had snorted crushed Percocet pills the day before. Police said they found Draine in possession of a powdery substance suspected to be crushed Percocet pills.

A subsequent search of Draine’s vehicle yielded a loaded Charter Arms .44-caliber revolver in the center console, police alleged.

With the weapons charge, police alleged Draine had a prior criminal record that prohibited him from possessing a firearm.

“Draine was asked if there was anything else illegal in the vehicle to which Draine admitted to a few vials of crack cocaine in the sleeve of the seat,” Lattanzio alleged, adding Draine gave police permission to retrieve the suspected cocaine.

Other charges of firearms not to be carried without a license, possession of a controlled substance, possession of drug parapherna­lia and careless and reckless driving were dismissed against Draine.

“Draine was asked if there was anything else illegal in the vehicle to which Draine admitted to a few vials of crack cocaine in the sleeve of the seat.” — Criminal complaint filed by state police Trooper Nicholas Lattanzio

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