MILLERSBURG -- A Millersburg area man on Tuesday denied being in possession of firearms as he fled the scene where he was allegedly stalking a doughnut delivery driver.
Andrew L. Hershberger, 40, of 4607 Township Road 302, Millersburg, pleaded not guilty in Holmes County Municipal Court to carrying a concealed weapon, menacing by stalking, possession of drugs, possession of drug paraphernalia and two counts of improper handling of a firearm in a motor vehicle.
If convicted, Hershberger faces up to six years in prison.
The charges stem from a Dec. 19 incident.
Millersburg Police were called that night to a reported disturbance at a gas station along state Route 39. There, they were advised Hershberger, who had fled the gas station as they arrived, had been following the delivery driver between his last four stops to local businesses, according to Sgt. Matt Shaner.
Hershberger's vehicle was stopped by an officer near the intersection with Hardy Township Road 305. Hershberger not only admitted to following the delivery man, but said he had several loaded weapons -- a pistol on him, a pistol on the dashboard and a rifle in the back seat -- in his vehicle, according to Shaner.
Hershberger said he thought he was compliant with Ohio's open carry law, which does not extend to weapons in a vehicle, said Shaner.
Hershberger told the officer he had been following the deliveryman because he believed the man was delivering either heroin or methamphetamine along his route and Hershberger indicated an interest in intervening, said Shaner, noting police do not believe there was any substance to Hershberger's claim.
During Hershberger's arrest, police found marijuana on him and in the car, where they also found rolling papers, said Shaner.
Hershberger is next scheduled to appear in court for an April 13 pretrial conference. A jury trial is scheduled for May 22.
Reporter Christine Pratt can be reached at 330-674-5676 or firstname.lastname@example.org.