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Traffic stop produces arrest

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BY Paige Conley - pconley@perutribune.com

A routine traffic stop leads to the arrest of two men Thursday evening by Peru Police Department Officers.

According to a Peru Police Department Probable Cause Affidavit, on June 7 at approximately 8:18 p.m. PPD Officer Brok Westfall was following behind a vehicle heading south on Bobtail Pike when he ran the vehicle’s license plate only to find that the license plate didn’t return to the vehicle it was on.

“While continuing to follow the vehicle, the vehicle went left of center several times, near the intersection of Abraham Lane and Blackhawk Court,” said the PPD affidavit.

At Bobtail and Blackhawk Court, Westfall turned on his emergency lights and tried to conduct a traffic stop on the vehicle in which the vehicle reportedly continued to travel south until turning and parking in front of an apartment complex, said the PPD affidavit.

While Westfall was approaching the vehicle, the passenger identified as Kyle, L. Davidson, 29, Peru, began to exit the vehicle until Westfall advised him otherwise. Davidson returned to the vehicle and Westfall asked the driver, identified as Luiz E. Fraire, 24, Bristol, for his license and registration.

Fraire reportedly kept reaching toward the area between the driver seat and center console while talking so quickly that Westfall couldn’t understand him.

“I asked Luiz for his license and registration again, he advised that he did not have either item,” according to information from the affidavit.

Fraire reportedly told Westfall he had just bought the vehicle and the plate belonged to a different vehicle. He was also reported to make “furtive movements and looking all around” because he was nervous.

During the course of Westfall and Fraire’s conversation, Westfall stated he could smell the scent of marijuana coming from the vehicle, said the PPD affidavit.

Once Officer Swinford and Sergeant Raber arrived on scene, Westfall instructed Fraire to exit the vehicle and stand near the trunk. Westfall asked if Fraire had any weapons on him in which Fraire allegedly replied he had a handgun. Westfall asked Fraire to put his hands in the air and procdeeded to retrieve a Black 9 mm handgun from Fraire’s front waidtband, said the PPD affidavit.

After securing the handgun in his patrol car, Westfall reportedly searched Fraire’s person and found a wad of cash in his pocket. While he was doing this, Officer Swinford had Davidson exit the vehicle and was also searching his person.

Westfall secured the money in his vehicle and asked dispatch to run the handgun to see if it was stolen.

“At this time Sgt. Raber advised Luiz to turn around and he was placed in handcuffs as well as Kyle,” said the PPD affidavit.

After their search of the vehicle, Sgt. Raber advised she had reportedly located a baggie that contained a large amount of a crystal rock-like substance, a baggie that contained two large rocks grayish in color and a glass smoking device inside of a blue zip up bag, according to the affidavit.

Officer Swinford found a baggie in the center console that reportedly contained a green leafy plant like substance, as well as a folded up magazine between the passenger seat and center console.

“Officer Swinford advised that after he removed the magazine, a green leafy plant like substance fell into the passenger seat,” said the PPD affidavit.

Fraire was then placed in the back of Westfall’s patrol car and read his Miranda rights.

At this time, dispatch reportedly advised the handgun on Fraire’s person was reported stolen out of Fort Wayne. Westfall informed Fraire he was under arrest for several charges including dealing in methamphetamine, possession of methamphetamine, and possession of a stolen firearm, according to the PPD affidavit.

Davidson was also placed under arrest for possession of marijuana. Both men were then transported and booked into the Miami County Jail.

“The crystal rock like substance field tested positive for methamphetamine and weighed approximately 28 grams. The grayish rock like substance field tested positive heroin and weighed approximately 5.5 grams. The green leafy plant like substance field tested positive for marijuana and weighed approximately 9 grams. There was 14 9mm rounds located in the magazine of the handgun plus the one in the chamber, for a total of 15 rounds,” said the PPD affidavit.

Fraire was booked into the Miami County Jail under the name Edgar Fraire which was later found out to be false. Fraire was also found to have two arrest warrants through Fort Wayne for armed robbery and possession of paraphernalia and violation of probation.

Fraire is being held at the Miami County Jail on a $147,000 bond, and faces several charges including operator never licensed C misdemeanor, possession of paraphernalia A misdemeanor, false informing A misdemeanor, possession of marijuana A misdemeanor, possession of a stolen firearm level 6 felony, possession of firearm by a felon level 4 felony, possession of methamphetamine level 3 felony, possession of a narcotic drug level 5 felony, dealing in a narcotic drug level 3 felony, and dealing in methamphetamine level 2 felony.

Davidson was released from the Miami County Jail on a $300 bond and faces charges of possession of marijuana A misdemeanor.