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Winona Lake man facing federal charges for drug, gun possession

KOSCIUSKO COUNTY, Ind. -- A Winona Lake man was arrested after police found a weapon and drugs in his home after he discovered his girlfriend dead of a drug overdose.

On September 6, the Winona Lake Police Department responded to a home in Winona Lake in reference to the death of 27-year-old Brittany Weaver.

Investigators spoke with Weaver's boyfriend, Darin Devon Hurd, who said he lived in the residence with Weaver and their 3-year-old child.

Hurd granted officers permission to search the home.

In the garage, police located a loaded Llama 9 mm pistol inside a tool chest. They also located a powder substance that field test positive for heroin, 21 unused syringes, a digital scale, and packaging materials, according to the probable cause affidavit.

Investigators also found a diaper box in the garage that had a shopping bag of marijuana stems and leaves, a bag of ground marijuana, a jar of ground marijuana. The total amount of marijuana seized totaled 332.3 grams, reports said.

In the bedroom, officers located 8.9 grams of a substance that field tested positive for heroin, reports said.

Hurd admitted to officers he and Weaver had used heroin that morning, reports said.

After waiving his Miranda rights, Hurd admitted to officers he buys 7 grams of heroin every other day for $1,000 and sells it for $20 per tenth of a gram, according to the probable cause affidavit.

On the morning of September 5, Hurd said he and Weaver split a tenth of a gram and he went to work. When he came home for lunch, he hid his stash in the bedroom and went back to work, reports said.

When he returned home around 5 p.m., he found Weaver deceased, reports said.

The coroner determined Weaver died of a heroin overdose.

Hurd also admitted to purchasing the Llama 9 mm for $140 from his supplier, reports said. The ATF officer stated in the probable cause affidavit the gun's origin was traced to Spain, which means it traveled in interstate or foreign commerce.

Hurd has been charged in federal court with one count of possession with intent to distribute heroin and possession of a firearm by a convicted felon. The charges were filed November 17.

In 2010, Hurd was convicted of possession of a Schedule V controlled substance without a prescription and sentenced to 2 years in prison.

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