March 1, 2024
TOMS RIVER, NJ (OCEAN)–Ocean County Prosecutor Bradley D. Billhimer announced that on March 1, 2024, Raphael Powell, 38, of Toms River, was sentenced by the Honorable Guy P. Ryan, P.J.Cr.P., to an aggregate term of 25 years New Jersey State Prison (NJSP), having previously been found guilty of Possession of a Weapon for an Unlawful Purpose, Being a Certain Person Not to Possess a Firearm, Unlawful Possession of a Handgun with a prior conviction for a No Early Release Act (NERA) Offense, Terroristic Threats, Possession of Hollow Nose Bullets, Possession of a Large Capacity Magazine, and Possession of Fentanyl, all in connection with an incident that occurred in Toms River Township on July 2, 2022. Specifically, Judge Ryan sentenced Powell to 20 years NJSP with a 10-year period of parole ineligibility as to the Handgun Possession charge, and an additional five years NJSP with a 42-month period of parole ineligibility relative to the Possession of a Weapon for an Unlawful Purpose offense – to run consecutive to the Handgun Possession charge. Additionally, Judge Ryan sentenced Powell to a concurrent five years NJSP with a five-year period of parole ineligibility as to the Certain Person Not to Possess a Firearm charge, concurrent to five years NJSP as to the Terroristic Threats charge, concurrent to 18 months NJSP as to the Possession of Hollow Nose Bullets charge, concurrent to 18 months NJSP as to the Possession of a Large Capacity Magazine charge, concurrent to five years NJSP as to the Possession of Fentanyl charge. In total, Powell will be required to serve at least 13.5 years of his 25-year state prison sentence before he may be considered for parole eligibility.
Powell was found guilty of all offenses on January 11, 2023, after a week-long jury trial before Judge Ryan.
On July 2, 2022, at approximately 11:00 p.m., Officers from the Toms River Township Police Department were dispatched to assist a male victim who had just been assaulted. Responding Officers met with the victim, who advised that he was entering a residence on Rory Road when a male approached him and asked him what he was doing in the area. The male suspect then punched the victim in the face and removed a handgun from his waistband. The male suspect brandished the handgun and then threatened to shoot and kill the victim. Another male then appeared at the scene and the victim was able to leave the area.
An investigation conducted by the Toms River Township Police Department determined that Powell was the individual who struck and threatened the victim with the handgun on July 2, 2022. Toms River Township Police Officers located Powell outside of his residence in Toms River in the early morning hours of July 3, 2022, and he was taken into custody without incident. Powell was searched incident to his arrest, and found to be in possession of a stolen handgun loaded with 17 rounds of hollow nose bullets. Powell was also found to be in possession of 30 wax folds of Fentanyl at the time of his arrest. Powell was arrested and transported to the Ocean County Jail, where he has remained lodged since July 3, 2022.
Prosecutor Billhimer commends the diligence and dedication of Assistant Prosecutor Kimberly Carr who ably and skillfully tried the case on behalf of the State. The Prosecutor likewise extends his gratitude to the Toms River Township Police Department and Berkeley Township Police Department for their combined and collective efforts in connection with this matter, ultimately leading to Powell’s lengthy state prison sentence.
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