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NEWTON FALLS -- A village man was arrested Friday night as Trumbull County sheriff's deputies searched his vehicle and found a firearm after seeing him throw garbage from his car.
The man, later identified as Daniel Holmes, 21, allegedly threw trash out of his front passenger window at McDonald's on North Canal Street and then attempted to run from police, before pulling into the lot of an HVAC business. His two nephews were in the back seat of the car, and he was charged with improperly handling firearms in a motor vehicle.
Because the courts were closed Monday for Columbus Day, he was arraigned on the charges in Newton Falls Municipal Court on Tuesday. The gun charge was amended from a fourth-degree felony to a fourth-degree misdemeanor, court records show. Holmes received a $50 fine, court costs, 30 days in jail, with two days credit and the rest suspended, and his firearm will be returned to him, as he is lawfully allowed to possess it.
Holmes first pulled away during the traffic stop, but upon noticing more marked cars beginning to follow him, he pulled into the Phillips Heating and Air Conditioning parking lot, a police report states.
As officers came into contact with Holmes, they noticed that his eyes were glassy and his pupils were "the size of a needle," the report states. When officers told Holmes the reason for the traffic stop, he denied throwing anything out of the car window.
When asked to provide identification, Holmes said he did not have a driver's license on him, but gave officers his Social Security number.
When officers began questioning Holmes about why he was acting nervous, he told them he was from California and was scared of police, the report states. He said he had no guns, knives, drugs or anything illegal on him when officers asked.
A deputy asked if he could search the vehicle and Holmes replied "no." Because they were suspicious he was lying, officers conducted a police dog search of the car's exterior. When asked again if he had anything illegal, Holmes said "no man, I already told you," the report states.
A "positive hit" occurred on the front passenger door, prompting Holmes to tell the deputies he was unsure if anything illegal was in the car. He admitted that his brother also drives the car and admitted smoking marijuana earlier in the night, along with Delta 9, a type of cannabis.
The deputy searched the car and found Holmes' ID, his medication, a buck knife and a loaded 9mm handgun, the report states.
Once detained, Holmes was arrested and transported to the Trumbull County jail, and received a warning for littering. His brother came to get the car and Holmes' nephews.