Local and state law enforcement agents seized about seven pounds of marijuana, marijuana paraphernalia, and a 9mm semi-automatic pistol during a Feb. 10 search of a local businessman's home and pizza shop, according to a previously sealed search warrant affidavit that the court ordered open late last week.

Prime Time Pizza owner Murrey J. Mercer, 226 W. Union St., was indicted last week by the Athens County Grand Jury on one count of possession of marijuana, a third-degree felony, one count of trafficking of marijuana and one count of possession of weapons while under disability, which both are fifth-degree felonies.

Mercer was convicted of possession of marijuana in the fall after being arrested by the APD at Prime Time Pizza on August 31. Because of this prior conviction, Mercer is not able to own a firearm.

Athens County Court of Common Pleas Judge Alan Goldsberry ordered the search warrant affidavits sealed while the investigation continued, according to court files. The investigation now is closed.

The search warrants were unsealed when police determined information in the warrants would not jeopardize the investigation, Athens Police Department Officer Roger Deardorff said.

On Feb. 10, police found probable cause to investigate Mercer when the Athens branch of the United Postal Service contacted the Athens Police Department regarding the contents of two packages addressed to a location in Prescott, Arizona, according to the search warrant affidavit. One return address was Prime Time Pizza, 235 W. Union St., the other return address was a fictitious Zanesville, Ohio location.

Standard procedure requires the UPS to open any packages that sound as if they might be broken or damaged. Workers heard a rattling noise in one box, opened the box and found marijuana inside, according to the affidavit.

Later that day, APD officers obtained search warrants for both Mercer's apartment and Prime Time Pizza.

"The business led to the house and the house led back to the business," said APD Officer Roger Deardorff. "We had information that transactions were taking place in both places."

During the search of Mercer's apartment, police seized the seven pounds of marijuana, drug paraphernalia, a semi-automatic pistol, 49cc syringes, steroids, ammunition, UPS receipts, packaging material consistent with that used in the seized boxes and personal and business records.

"Based on training and experience, as well as information learned throughout this investigation, it is known that persons involved in drug trafficking frequently launder illicit moneys through legitimate businesses," according the the search warrant. "Based on this it is necessary to search for and seize any records associated with Mercer's business currently known as Prime Time Pizza."

During the search of Mercer's business, police seized more packaging material and drug paraphernalia, cash, bank statements and Mercer's 1984 BMW, after officers found evidence the car was used to transport marijuana.

On February 11, officers intercepted a package containing 15 more than pounds of marijuana on its way to Athens, according to an APD news release.

Police questioned Mercer during the search, but did not charge or arrest him, Deardorff said. If police had arrested Mercer, they would have had to prepare for a preliminary hearing within ten days and tests on the "green vegetation" found in both the car and apartment would have taken four to 12 weeks.

Within ten days of the Feb. 10 raid, Mercer closed Prime Time Pizza, said Larry Young, who owns the building in which Prime Time Pizza was located.

Mercer closed the pizza shop because of "recent difficulties with the law," he said.

Deardorff said the APD had nothing to do with the establishment closing.

Mercer was issued a summons May 6, but has not responded, Deardorff said. If Mercer does not respond, a warrant will be issued for his arrest.

Young said he has not talked to Mercer in a few weeks and Deardorff said he had not heard from Mercer in three weeks.

APD officers have been investigating Mercer for years. Police began their investigation Dec. 24, 1992 when a source told then-APD captain Clyde Beasley that Mercer was transporting marijuana from his residence to the business, according to the affidavit.

Then, while processing a juvenile into a detention center April 2, 1997, police found on the juvenile papers incriminating Mercer in drug activity and targeting Mercer for murder and robbery, according to the affidavit.