A Reading man is facing a felony weapons charge following a violent struggle along the shoulder of Route 309 in Montgomery Township.
Dayne Robert Bender, 25, has been charged with one felony count of firearms not to be carried without a license and one misdemeanor count of resisting arrest, in connection with the incident that occurred on Sept. 26.
According to the criminal complaint, Montgomery Township Police were patrolling the area of Route 309 and Stump Road at 11:42 p.m. when they observed a male—later identified as Bender—walking towards a black vehicle that was disabled along the shoulder. When police activated their emergency lights, Bender reportedly turned around and began walking away. Police then pulled into the parking lot of a nearby business to question him, the report states.
Police indicate that when they spoke with Bender, he appeared to be very nervous, with the report stating that he was sweating profusely and attempted to walk away twice. They instructed Bender to head back to his vehicle to retrieve his personal items, and when he opened his trunk to retrieve a backpack, police observed a handgun in plain view, the report states. Bender stated it was a "B.B. gun," according to the complaint.
At that point, police described Bender as being in a panic, adding that he “indexed” his waistband, indicating he may also have a concealed weapon. Police ordered Bender to not move, but he attempted to flee by jumping the guardrail, according to the report. Officers were able to grab Bender by the face and pull him back over the guardrail, at which point the struggle continued onto the ground as highway traffic on Route 309 passed just three feet away.
Police were able to subdue Bender, and retrieved a loaded 9mm handgun from Bender, the report states. The weapon is believed to have been stolen, according to the report, as it was not registered to Bender and he does not have a license to carry a concealed firearm.
Bender was arraigned on Sept. 27 by Magisterial District Judge Andrea Duffy, who set bail at $10,000 cash. He was initially taken to the Montgomery County Correctional Facility, but was released later that day after posting bail. His preliminary hearing is scheduled for Oct. 29 at 9:45 a.m.
(Editor's note: All suspects and defendants are innocent until proven guilty. Should the defendant choose to issue a public statement, or is later found not guilty or has the charges dropped, we will update this article accordingly.)
See also:
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