NORRISTOWN — A Philadelphia man awaits his fate from a judge on charges he illegally possessed a loaded firearm in Lower Merion Township, a crime uncovered during a traffic stop.
Theodore Thomas Simmons, 48, of the 1100 block of Adams Avenue, was convicted in Montgomery County Court of a felony charge of person not to possess a firearm in connection with a Sept. 27, 2022, incident near the Royal Athena Apartments complex off Righters Ferry Road in Lower Merion.
Judge Wendy G. Rothstein convicted Simmons during a nonjury trial at which Simmons stipulated to evidence contained in a criminal complaint filed by Lower Merion police. A jury had been seated for the trial but shortly before testimony was to begin, Simmons decided instead to allow the judge to consider the evidence and act as sole factfinder.
Rothstein deferred sentencing so that court officials can complete a background investigation report about Simmons, who will undergo drug, alcohol and mental health evaluations. Simmons remains free on $5,000 cash bail pending a sentencing hearing in August.
Simmons faces a possible maximum sentence of 5 to 10 years in prison on the charge. However, state sentencing guidelines could allow for a lesser sentence.
Assistant District Attorney William Harry Highland III prosecuted the case. Defense lawyer Eugene P. Tinari represented Simmons during the court proceedings.
An investigation began about 11:35 p.m. Sept. 27, 2022, when Lower Merion police responded to a report of a suspicious vehicle at the apartment complex in the 600 block of Righters Ferry Road in the Bala Cynwyd section of the township.
Arriving officers observed a Nissan Altima traveling on the walking path on the north side of the apartment complex, according to an arrest affidavit. The walking path did not permit access to motor vehicles and was blocked by yellow bollards, Lower Merion Detective David Auxter alleged.
Police determined the vehicle was operated by a female and Simmons was the front seat passenger. As an officer spoke with Simmons, he noticed “a firearm inside of a bag Simmons was holding on his lap,” according to the criminal complaint.
Simmons was removed from the vehicle and a 9mm Springfield Armory handgun was recovered from the bag Simmons was holding, police said.
“There were thirteen bullets inside of the firearm including one bullet in the chamber,” Auxter alleged.
With the charges, police alleged Simmons had a prior conviction that prohibited him from possessing a firearm and that he did not have a license to carry a firearm.
