Tuesday, November 18, 2008
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Citizen's arrest at gas station

Mark Gene

last updated: September 29, 2008 07:54:43 PM

A retired federal agent made a citizen's arrest Saturday evening and detained two men at gunpoint after he suspected them of conducting a drug deal at a gas station in north Modesto, police said.

Modesto police arrested Toma Samuel, 19, of Ceres on suspicion of possession of marijuana, and Gene Mark, 23, of Modesto on suspicion of possession of marijuana and prescription narcotics without a prescription, said police Sgt. Craig Gundlach.

The incident occurred shortly after 7 p.m. at the am-pm minimarket on Standiford Avenue and Prescott Road.

Gundlach said the retired agent used to work for the U.S. Department of Defense, is legally authorized to carry a handgun and lives in Modesto. He was getting gas when he spotted two cars parked at the station.

The former agent spotted Mark, who was driving one of the cars, get out of his vehicle and walk to the second car driven by Samuel. Gundlach said the retired agent spotted Samuel holding a small amount of marijuana, and it appeared a drug transaction was taking place.

The retired agent "felt compelled to do something about it. He felt this was wrong to be doing this here at a busy gas station with so many people around," Gundlach said.

Gundlach said the retired agent approached the two vehicles and spotted the men reaching around for something, so he pulled out his gun, identified himself as a retired officer and ordered them to stop what they were doing.

The retired agent detained the men until officers arrived. A third man, who was detained and later released, was a passenger in Mark's car. No shots were fired, and no injuries were reported.

Police declined to release the name of the agent to ensure his safety.

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