A 31-year-old man who was arrested outside a borough business last month was wanted on a felony arrest warrant and bench warrant issued by authorities in Bronx County, New York, according to Hellertown Police.
Police detailed the circumstances that led to the arrest of Joshua Montalvo of Easton in an affidavit of probable cause filed last month as part of a criminal complaint in Northampton County District Court 03-2-04 in Lower Saucon Township.
According to the complaint, shortly before 8 a.m. Jan. 27 a Hellertown police officer found Montalvo “passed out” in a running vehicle outside the 7-Eleven convenience store in the 1100 block of Main Street.
Montalvo “failed to wake up after attempts” were made to rouse him, the affidavit said, and when he finally did awake “was very uncooperative with the Officer’s (sic) as he would not roll down (the) window or provide (the) officer with requested information.”
After identifying Montalvo, police said he exited the gold Mitsubishi he was in, but not before officers allegedly observed a glass smoking device inside the car.
The affidavit said that Montalvo was subsequently found to be in possession of a handgun, which was identified as being a Taurus 039×19.
Police said in the affidavit that they determined Montalvo was a convicted felon with prior drug convictions, and as such was ineligible to possess the firearm.
After police received permission from the vehicle’s owner to search it, they said they found methamphetamine, marijuana, heroin and alprazolam in it along with unused packaging materials, scales and other drug paraphernalia.
According to the case docket filed in district court and a Hellertown Police Department news release issued Thursday, Montalvo has been charged with possession of a prohibited firearm (Felony 3), carrying a firearm without a license (Felony 3) and Manufacture, Delivery or Possession With Intent to Manufacture or Deliver (Felony). In addition to receiving a summary citation for driving without a license, per court records he is also charged with the following misdemeanors: possession of a controlled substance (four counts), possession of a small amount of marijuana and possession of drug paraphernalia.
Following a preliminary arraignment before Judge Richard H. Yetter III on Jan. 27, Montalvo was committed to Northampton County Prison in lieu of $85,000 straight bail.
Per the court docket, a preliminary hearing was scheduled to be held Thursday before District Judge Alan Mege.
The docket did not list an attorney for Montalvo.
Note: All individuals are presumed innocent until proven guilty in a court of law. This story was compiled using information from the Hellertown Police Department and Northampton County court records.
