33-year-old Toby J. Smokovich, of Georgetown, charged

Delaware State Police arrested Georgetown man after they found him to be in possession of heroin.

The incident occurred around 3:45 p.m. on Wednesday, Oct. 30, when Troopers observed 33-year-old Toby J. Smokovich in the Wawa at 24930 John J. Williams Highway, in Millsboro. Troopers were aware that Smokovich had an active capias for his arrest out of the Sussex County Court of Common Pleas.

Troopers approached Smokovich inside the Wawa and attempted to take him into custody. A brief struggle ensued, during which a salad display case was damaged. Smokovich was subsequently taken into custody and found in possession of heroin.

According to police, he had also attempted to discard 36 small bundles of heroin (approximately 0.252 grams) onto the floor when he noticed the police. Two of them struck a child who was in the store.

Smokovich was charged with possession with intent to deliver a controlled substance, endangering the welfare of a child, tampering with physical evidence, resisting arrest, criminal mischief and disorderly conduct. He was committed to Sussex Correctional Institution on $4,002 secured bond.