A Fulton County man is facing charges after resisting arrest from an altercation that occurred on Monday.
According to a probable cause affidavit, Fulton County Sheriff’s Office Deputy Phil Story was in the Salem area conducting burglar patrol around the postal office early Monday morning.
At that time, Deputy Story observed a male subject walking near Highway 62, near the post office.
Deputy Story stated that the victim was wearing dark clothing and carrying a backpack.
Deputy Story identified the subject as 60-year old David Nails who is an active probationer with the Fulton County Circuit court.
While Deputy Story was speaking with Nails, he observed that Nails was extremely nervous, then observed a bulge from around the waistband area of Nails’ pants.
Nails did have a search waiver on file, and once Story asked Nails to unzip his jacket, he refused.
The deputy ordered him to do it, and that’s when he complied.
Deputy Story observed a pistol inside a holster that was attached to Nails’ belt, then confiscated the firearm.
After advising Nails that he would be placed under arrest, he pulled away and began fleeing on foot.
Nails was later apprehended by Deputy Story on Byron Road, after a short foot pursuit.
After searching through the suspect’s backpack, Story found one syringe, one glass smoking device containing methamphetamine residue, and one plastic baggie containing a white crystalline residue.
The handgun that was also on Nails was identified as a .25 caliber semi-automatic pistol with one magazine of ammunition.
At a later date, 16 Drug Task Force Special Agent Johnny Byler tested the residue in the plastic baggy and the syringe, which produced a positive test for methamphetamine.
After reviewing Nails’ criminal history, it was discovered that he previously had been convicted of more than four felonies.
Nails is now facing charges of being a felon in possession of a firearm, felony possession of drug paraphernalia with the purpose to inhale methamphetamine, and resisting arrest.
His bond was set at $25,000.
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