A Brewster man is facing felony drug charges after a Worthington traffic stop for a turn signal Sept. 21 led officers to a loaded pistol under the driver’s seat and methamphetamine in his trunk and in his socks, according to a criminal complaint filed in Nobles County.
Michael Ariel Hernandez, 26, faces four felony drug counts, including aggravated first-degree controlled substance crime while armed with a firearm, first-degree sale of 17 grams or more of cocaine or methamphetamine within a 90-day period, and two first-degree possession counts, one of 50 grams or more and one of 25 grams or more while armed with a firearm. He also faces a gross misdemeanor charge of carrying a pistol without a permit in a public place and a petty misdemeanor count of failing to signal a turn. The complaint was filed Sept. 22 in Nobles County District Court.
A sergeant on patrol in Worthington about 12:08 p.m. noticed the vehicle Hernandez was driving fail to signal until about 20 feet before turning from 14th Street onto 5th Avenue, and saw that the driver was not wearing a seatbelt, the complaint says. After catching up to the vehicle, the sergeant stopped it near 5th Avenue and Lake Street and saw the driver reaching toward the center console, the passenger floorboard and under the driver’s seat as the vehicle slowed.
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The sergeant recognized Hernandez from prior contacts, smelled alcohol coming from the vehicle and saw his hands shaking as he showed his proof of insurance, according to the complaint. A second officer riding along for field training spotted a one-ounce bottle on the passenger floorboard; the sergeant retrieved a bottle of 99 Apples with its seal broken and began searching for other open containers.
Under the driver’s seat, the sergeant found a Sig Sauer P365 9mm pistol with a loaded magazine containing 11 rounds, the complaint says. Hernandez was detained and told the sergeant he did not have a permit to carry and knew he should have obtained one.
In the trunk, officers found a small red duffel bag holding Ziplock bags of a white crystal substance and a digital scale, according to the complaint. The substance field-tested positive for methamphetamine. After Hernandez was arrested, a search of his person found a bag of a similar substance in each of his socks.
Officers weighed the bags at 325.3 grams, 480.3 grams and 32.7 grams, and found $1,370 in cash in his wallet, according to the complaint.
The aggravated first-degree count carries a maximum sentence of 40 years in prison and a $1,000,000 fine, with a minimum of 86 months, according to the complaint.
