On Nov. 23, Michael Levins, of Delta, was arrested for the second time since Sept. 26 for unlawful possession of a controlled substance, this time by the Delta Police Department. Additionally, Levins was arrested on charges for being a special offender, violation of bail bond, obstructing government operations and resisting arrest. Levins’ bond hearing, preliminary hearing and plea hearing were on Nov. 25 and his bail bond was set at $60,000.
Levins’ arrest in September followed a cold domestic violence report against him. He was pulled over in his vehicle and deputies with the Delta County Sheriff’s Office found that he had possession of three stolen firearms, about two grams of heroin, a total of 282 grams of meth, 21 grams of psilocybin mushrooms and a Taser. His bond was set at $30,000 and lowered to $5,000, at which point, he got out on bail, according to the Delta County Sheriff’s Office.
On Saturday, Delta Police K9 Officer William Hammon observed that the tint on the windshield of Levins’ vehicle appeared to be too dark, according to the arrest affidavit. Hammon reported that while Levins was under the lights of the Stinker Store gas station in Delta, he could not see Levins through the windshield while he was inside the vehicle.
After Levins got back into his vehicle and left the Stinker Store, Hammon followed Levins and waited until they were both no longer on Confluence Drive to pull him over “for safety reasons,” the affidavit said. In addition to the tinted windows, Hammon observed that Levins’ lower auxiliary lights were on.
When Hammon pulled Levins over, approached the vehicle and identified himself as a police officer, Hammon recognized Levins from an in-house photo. Hammon reported in the affidavit that the vehicle was also registered “to a Michael Levins (DOB 11/07/82).”
Levins told Officer Hammon that he didn’t have his driver’s license or any other information on him, and that it was at his house. The affidavit said Levins was eating food in his car and that his body was “shaking all over.”
Levins asked why Hammon had followed him so far and accused the officer of harassment. Hammon explained to Levins that he followed him to see if he would turn off the auxiliary lights and also had to wait for a safe place to pull him over.
Hammon reported in the affidavit that Levins’ behavior was very suspicious due to his tone of voice and the way he was moving around. Upon being questioned, Levins said he didn’t know how much his windows were tinted because they were done professionally.
Levins grew more nervous and stated to Hammon that he was nervous. According to the affidavit, Levins said, “I know exactly what you are up to.” Hammon asked him what he meant and Levins wouldn’t answer.
At that point, Hammon asked Levins if he had any weapons in the vehicle and Levins said, “There is no reason to search my car, I do not consent to that, I have the right to travel freely in the United States,” according to the affidavit.
Delta Police Officer Jake Poole then arrived with a tint meter and determined the front windows of the vehicle to be too dark, at 12 % tint. The legal limit in Colorado is 27 %, with lower numbers being darker tints.
Hammon asked Levins to exit the vehicle due to his suspicious behavior and Levins refused. Sergeant Stephen Furstenfeld, who also arrived on the scene, repeated to command Levins to exit the vehicle and told him he would be removed from the vehicle if he refused to exit. Levins still refused.
Furstenfeld then opened the door of Levins’ vehicle and Levins got out and yelled at Furstenfeld, telling him not to touch his property, the affidavit said.
As Hammon attempted to handcuff Levins, Levins resisted arrest, pulling his hands away multiple times and accusing Hammon of hurting his arms. Due to a statement Levins made about a shoulder injury, Hammon reported that he used two sets of handcuffs to secure Levins’ arms.
At that point, Levins told Hammon that he’d “picked up on his narcotics use since his wife’s passing.” Levin’s wife, Amber, died in a car accident in Blaine, Washington, on Nov. 14.
According to the affidavit, Hammon told Levins he was under arrest, at which point Levins said, “I’m not resisting, let’s start over.”
The affidavit said Hammon and the other officers contacted a Delta County Sheriff’s Deputy because Levins demanded to speak with one. The reason for this is not stated in the affidavit.
Hammon located a “small black bag or pouch” in Levins’ pocket, while Levins demanded that Hammon stop searching him. Levins stated that the content of the bag was methamphetamine. Hammon reported that the substance was consistent with meth, from his experience.
Officer Kevan Arreola arrived at the scene and secured a dog that was inside Levins’ vehicle. Hammon deployed K9 Raico to perform a drug sniff of the vehicle.
K9 Raico located suspicious odors in the trunk of the vehicle, as well as around the seam of the passenger side door. K9 Raico’s indications gave Hammon probable cause to search the vehicle.
The search revealed pieces belonging to a syringe and a loaded pistol that was tucked between the driver seat and the center console, reportedly in a place that had been within arms reach of Levins at the time Hammon pulled him over. Hammon reported that Levins had said he’d seen a gun in his vehicle. The gun was run through dispatch and came out clear.
Hammon transported Levins to the Delta County Jail, the affidavit said. Arreola, Poole and Furstenfeld remained at the scene to secure Levin’s vehicle and the dog inside the vehicle, both of which were picked up by a person who was contacted upon Levins’ request.
The evidence that was located in Levins’ vehicle was transported to the Delta Police Department and the white substance was tested. It proved “presumptive positive” for methamphetamine. The gun and bullets were also placed in evidence, according to the arrest affidavit.
Both the Delta Police Department and the Delta County Sheriff’s Office stated that Levins’ is currently in the Delta County Jail.