A man testifying in court Friday said he witnessed the driver of a car parked in a Merchants Square parking lot holding a hypodermic needle while two others took turns tying something onto their arms June 27.
The man, who was coming from Berret’s Seafood Restaurant and Taphouse Grill with his wife and 5-year-old son, told a Williamsburg-James City County District Court judge he feared for his son while he observed the people in the Mercury four-door sedan from his vehicle, which was parked behind them.
The three people in the car — 34-year-old Robert Atkins Jr., 32-year-old Kristin Kerns and 31-year-old Nicklas O’Neill — were later arrested for possession of marijuana and heroin after officers searched the vehicle and found several drug-related items and what appeared to be illegal substances.
The witness told the court he observed the driver, later identified as Atkins, holding a hypodermic needle up to the interior light and “flicking it” to “get the bubbles out” while a man in the passenger seat, later identified as O’Neill, tied something to his arm.
The man said he and his family got into his car and continued to watch the two men, debating whether to call police.
He said in the span of five to 10 minutes, a woman, later identified as Kerns, appeared from one of the Merchants Square shops near the restaurant and got into the back seat of the vehicle, then switched seats with the passenger. The two switched seats several times, he said, and each time the driver held the needle up to the interior light.
He said after a few minutes, he decided to move his vehicle away the Mercury sedan to distance himself from the situation but still be in sight of the car. He then called police and continued watching.
When he saw an officer arriving, he flagged her down and gave her a description of the vehicle, according to his testimony.
Williamsburg Police officers testified Friday they found several items in what they described as the “messy” Mercury four-door sedan, including syringes, silver spoons, a straw, pills, a wrapper containing white residue, a flask, a container holding white powder and a “one-hitter” smoking device with a green, plant-like substance inside.
After conducting a search of the vehicle, officers sent the white substances they found in a black bag to the forensics lab for testing. The substance tested positive for heroin.
Maj. Greg Riley with the Williamsburg Police Department told WYDaily in June that 52 drug-related items were recovered from the vehicle.
Kerns, Atkins and O’Neill were arrested that night and each charged with possession of heroin, possession of marijuana and possession of drug paraphernalia.
Two of the three charges against Kerns and Atkins were dropped during their preliminary hearings Friday. A grand jury will determine whether there is enough evidence to prosecute the two on the possession of heroin charges.
O’Neill, a New Kent resident, did not appear for his preliminary hearing July 8 and is considered a fugitive.
