Struggle with police leads to drug charges for wanted Georgetown man in Millsboro


A Georgetown man was arrested on drug charges following a struggle with officers at the Wawa in Millsboro where police say he tried to discard over 30 bundles of heroin and in the process hit a child who was in the store at the time.

According to Delaware State Police, the incident occurred around 3:45 p.m., Wednesday, October 30, 2019 when troopers spotted 33-year-old Toby Smokovich at the Wawa on John J. Williams Highway in Millsboro. 

33-year-old Toby Smokovich, of Georgetown, DE – Delaware State Police Department

Troopers were aware that Smokovich had an active capias’ for his arrest out of the Sussex County Court of Common Pleas. 

While in Wawa, troopers approached Smokovich and tried to take him into custody, at which time police say he resisted arrest and a brief struggle ensued. 

During the struggle, Smokovich damaged a salad display case, according to police.

Smokovich was eventually arrested and found to be in possession of heroin, police said.

Troopers discovered that Smokovich reportedly tried to discard 36 small bundles of heroin (approximately .252 grams) on the floor when he noticed police. 

During the course of him throwing the small bundles, two of them struck a child who was in the store, according to police. The child was not injured.

Smokovich was charged with Possession with intent to deliver a controlled substance, Endangering the Welfare of a Child, Tampering With Physical Evidence, Resisting Arrest, Criminal Mischief, and Disorderly Conduct.

Smokovich was and committed to the Sussex Correctional Institution on $4,002 secured bond.