Atmore man found asleep now facing drug, weapon charges

Published 7:57pm Thursday, July 11, 2013

An Atmore man picked a poor place to fall asleep and is now in jail in Pensacola facing multiple drug charges as well as a firearm charge.


Bobby A. Hartley, 28 of 513 Braggs Street, was taken into custody after Escambia County (Fla.) sheriff’s deputies were dispatched to a Circle K convenience store on Navy Boulevard Friday around 2 a.m. and found Hartley and another man asleep in a running vehicle.

According to the arrest report, deputies found Hartley in the vehicle’s passenger seat and another man identified as Alan Montgomery in the driver seat parked at a gas pump where the clerk said the car had been sitting for over an hour.

After knocking on the window of the vehicle, the deputy reported neither of the men woke up. Following the arrival of another deputy, the two men were reportedly woken up when the officers opened the car doors, at which time they reported the “strong odor of marijuana.”

According to the report, the deputies observed a “marijuana cigarette” on the driver’s seat.  Following a search of both suspects, Montgomery was found to be in possession of a “baggie of marijuana.”

Hartley was “not actively resisting, but kept trying to reach into his waistband,” the report reads. Deputies found a silver Jennings J-22 .22 caliber pistol in Hartley’s crotch area that did not have a round in the chamber but did contain one live round in the magazine. Deputies also found on Hartley’s person four separately packaged baggies of marijuana and one baggie containing three pills identified as Seroquel XR, Trazadone Hydrochloride and Xanax, according to the report. Hartley was also found to be in possession of “a number of small pieces of suspected crack cocaine,” as well as an Access Florida card in the name of Ashley Welch; a Mastercard debit card in the name of Melissa Davis; and a Visa debit card in the name of Jody Simmons.

Deputies said Hartley denied knowing any of the females listed on the cards and stated he did not know how he came into possession of the cards. According to the report, a check of local computer databases indicated none of the females had been listed as victims of recent crimes. The serial number on the weapon found in Hartley’s possession revealed the gun had not been reported stolen; however Hartley had been previously convicted of four felony charges in November of 2012, according to the arrest report.

A search of the vehicle, which was determined to have been rented in the name of Montgomery’s “girlfriend,” uncovered a set of digital scales and a grinder, “typically associated with marijuana use,” the report reads. Two additional pieces of suspected crack cocaine were also found in the vehicle inside a prescription pill bottle bearing the name Christy Monk.

According to the report, the vehicle was seized and both suspects were transported to the Escambia County (Fla.) Jail.

Hartley faces charges of being a convicted felon in possession of a firearm; carrying a concealed firearm; possession of crack cocaine; three counts of possession of a controlled substance without a prescription; and possession of marijuana with intent to distribute.

Hartley is being held in Pensacola on $45,000 bond and is awaiting a circuit court date of July 26, 2013.

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