Offender faces new drug charges
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By PATRICK McARDLE Herald Staff - Published: November 3, 2008
BENNINGTON — A local man who could face life in prison if convicted on previous drug-related charges was arraigned on Tuesday for new charges based on a traffic stop in Manchester.
Jerry E. Merrow Sr., 53, was charged with one count each of driving while under the influence of drugs, possession of less than 2.5 grams of cocaine and four counts of possession of various types of prescription drugs. Merrow pleaded not guilty to all the charges in Bennington District Court on Tuesday.
Police said Merrow had nine pills of hydrocodone, an opiate used to treat coughing and pain; four pills of methylphenidate, a stimulant used to treat attention-deficit hyperactivity disorder; 40 pills of oxycodone, a narcotic analgesic used to treat pain; and 24 pills of morphine, an opium derivative used to treat pain.
All of the charges are misdemeanors. At the end of September, however, Merrow was charged with a felony count of possession of a pound or more of marijuana and other misdemeanors related to drug possession.
Merrow was also charged as a habitual offender because he had been convicted of felonies in 1999, 2004 and 2005. If Merrow is convicted as a habitual offender, he could be sentenced to serve a life term in prison.
During Merrow's arraignment in September, Bennington County Deputy State's Attorney Robert Plunkett said Merrow's "criminal record shows his vocation has been as a drug dealer at least for the past two decades."
In an affidavit, Vermont State Police Trooper William Deveneau said he had seen Merrow's car on the side of the road with the engine running and the headlights and radio on sometime on the night of Sept. 20.
Deveneau said it took a few minutes to wake Merrow, who was asleep behind the wheel. Merrow told Deveneau he had fallen asleep because he was tired and that he was on his way to Hoosick Falls, N.Y.
After Merrow drove off, Deveneau said he noticed that Merrow was driving in the opposite direction of Hoosick Falls. Deveneau said he followed Merrow and noticed Merrow's car drifting over the limits of the travel lane.
Deveneau said he stopped Merrow in Manchester on Route 7, about a mile north of Sunderland.
Police said they noticed pieces of marijuana ash on Merrow's leg and a bag of what they believed was marijuana on the passenger seat of Merrow's car.
According to the affidavit, police noticed Merrow attempt to conceal a black smoking device they believed was used to smoke marijuana and a bag containing crack cocaine.
Merrow would not allow police to search the car, Deveneau said, but the car was seized by police and towed to the Vermont State Police barracks in Shaftsbury.
About 11 hours later, police obtained a search warrant for the car. Deveneau said he and Trooper Travis Hess searched the car and found several baggies containing prescription drugs although no prescriptions were found.
Merrow is being held in Southern State Correctional Facility in Springfield in lieu of $50,000 bail.
If convicted of all the new charges against him, Merrow could be sentenced to up to 12 years in prison.
Contact Patrick McArdle at patrick.mcardle@rutlandherald.com.
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