Untaxed Cigarettes, Drugs Land Two In Jail
A trip to a Seneca Nation of Indians reservation in New York state has landed a Titusville man and an Oil City man in jail.
John S. Mercer, 55, of Titusville, and Kurt R. Falkenburg, 55, of Oil City, were charged after a Youngsville police officer pulled over the truck Mercer was driving for allegedly having a headlight out on Saturday.
Falkenburg was charged with intentional possession of a controlled substance by a person not registered, marijuana possession – small amount, personal use, use of possession of drug paraphernalia and possession of unstamped cigarettes. Mercer was charged with intentional possession of a controlled substance by a person not registered, three counts of use/possession of drug paraphernalia, possession of marijuana, possession of unstamped cigarettes and a traffic citation. Both were arraigned by Magisterial District Judge Raymond Zydonik, who set bail at $50,000. Mercer and Falkenburg were taken to the Warren County Prison after being unable to post bail.
According to the Affidavit of Probable Cause, the Youngsville police officer who pulled Mercer’s vehicle over on Route 6 allegedly smelled marijuana coming from the vehicle.
“The defendant stated that he was coming from the reservation, that being the Seneca Nation of Indian reservation in New York state,” the affidavit states. “He told me that he purchased cartons of cigarettes for himself and others, a violation. I also asked about the marijuana in the vehicle. The defendant told me he did have approximately an ounce and a half of marijuana in the truck as well.”
The affidavit states Mercer consented to a search of the vehicle, which the affidavit states allegedly resulted in the discovery of a glass methamphetamine pipe with burnt residue along with a small plastic bag that allegedly contained 3.23 grams of a crystal-like substance the officer said is consistent with methamphetamine. At that point the officer stopped the search and to apply for a search warrant.
The affidavit states Falkenburg allegedly had an outstanding warrant from Venango County, Pa., for failing to appear in court to satisfy theft charges. Falkenburg also allegedly admitted to purchasing more than 200 unstamped cigarettes in New York state while being found with two grams of hash in a small glass container and a marijuana blunt in a shirt pocket. The officer said Falkenburg didn’t have a medical marijuana card.