TOMS RIVER – A Township man has been sentenced to New Jersey State Prison for threatening to shoot and kill a victim with a handgun, officials said.
Raphael Powell, 38, of Toms River, was sentenced 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 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 on July 2, 2022.
On July 2, 2022, at around 11 p.m., officers were dispatched to help a man who had just been assaulted.
The victim told police that he was entering his home on Rory Road when a man approached him and asked him what he was doing in the area. The suspect then punched the victim in the face and removed a handgun from his waistband. The suspect proceeded to point the handgun at the victim and threatened to kill him.
According to police, another man appeared and the victim was able to leave the area.
Authorities later determined that Powell was the individual who struck and threatened the victim with the handgun.
On July 3, 2022, and he was taken into custody without incident. Law enforcement searched Powell and he was found in possession of a stolen handgun loaded with 17 rounds of hollow nose bullets. In addition, they found him in in possession of 30 wax folds of fentanyl at the time of his arrest.
Powell was found guilty of all offenses on January 11, 2023, after a week-long jury trial.
The judge sentenced Powell to 20 years in prison 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, Powell was sentenced to a concurrent five years with a five-year period of parole ineligibility as to the Certain Person Not to Possess a Firearm charge, concurrent to five years as to the Terroristic Threats charge, concurrent to 18 months as to the Possession of Hollow Nose Bullets charge, concurrent to 18 months as to the Possession of a Large Capacity Magazine charge, concurrent to five years 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, officials said.
Ocean County Prosecutor Bradley D. Billhimer commended the diligence and dedication of Assistant Prosecutor Kimberly Carr who “ably and skillfully” tried the case on behalf of the State. The Prosecutor likewise extended 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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