FREDERICA — Witnesses claimed a driver arrested after a fatal crash on Del. 1 Tuesday “appeared to be falling asleep or under the influence of something” just minutes beforehand, police said in court papers.

Zachary M. Krytzer, 27, of Milton, was charged with first-degree vehicular homicide and DUI of drugs after a Verizon employee was struck and killed while standing behind his truck at approximately 1:55 p.m., according to the Delaware State Police.

Heath B. Janssen, 41, of Dover, was pronounced dead at the scene just south of Clapham Road in the Little Heaven area. He was loading equipment into the parked 2006 Ford F36 box truck when hit by a silver 2002 Mitsubishi Montero on the highway’s shoulder, police said.

The late Mr. Janssen is survived by his parents and brother, wife of 18 years and children ages 16 and 9.

Zachary M. Krytzer

In an affidavit of probable cause, police said Mr. Krytzer stated in an interview “a car swerved in his lane and caused him to veer off the west edge of the roadway and (strike) the pedestrian.”

In documents, police cited three witnesses who said “no cars were around Zachary when he almost struck the jersey concrete barrier and then veered off the west edge of the roadway striking the pedestrian that was standing on the shoulder.”

One witness reportedly had called 911 minutes earlier to notify authorities of a vehicle operating in a negligent manner, police said, and others said it was “going from one lane of travel to the next almost striking several vehicles.”

In a news release, police said the Verizon truck was parked and surrounded by cones north of the entrance to the Valero gas station at 7865 Bay Road. Prior to the collision, police said, the Montero “drifted onto the southbound shoulder and struck a mailbox and then a road reflector before striking and pinning Janssen to the rear of his work vehicle.”

According to police, “the Verizon truck was pushed forward approximately 36 feet on the southbound shoulder while the Montero continued southbound an additional 23 feet and came to a stop.”

Charged upon release

On Thursday afternoon, Mr. Krytzer was charged with felony offenses upon his release from Bayhealth-Kent General Hospital in Dover. He was arraigned through video at Justice of the Peace Court 2 in Rehoboth Beach and released after posting $20,500 secured bail.

Mr. Krytzer suffered non-life threatening injuries, police said.

In the affidavit, a police detective wrote Mr. Krytzer said he was “prescribed the drug Methadone on a daily basis and takes 50 milligrams every morning.

“Zachary also stated he smokes marijuana (cannabis) every day.”

According to authorities, the interview took place at the hospital after Mr. Krytzer was read his Miranda Rights and said he understood them.

According to the detective, Mr. Krytzer said he smoked roughly a quarter gram of marijuana on Tuesday at roughly 1 a.m.

After giving a friend a ride home from Cape Henlopen to Dover, police said, Mr. Krytzer reported he was heading south on U.S. 113 Bay Road (also identified by authorities as Del. 1) in a Mitsubishi Montero when “he was getting tired and hit the rumble strips twice.”

According to police in the affidavit, Mr. Krytzer said he “then pulled over and checked on his vehicle to make sure it was still OK to drive.”

A state trooper described as a “Drug Recognition Expert” in papers evaluated Mr. Krytzer at the hospital and reached the opinion that “Krytzer was under the influence of a drug and unable to operate a motor vehicle safely.”

A warrant to draw Mr. Krytzer’s blood for a drug test was obtained, police said.

Del. 1 southbound at Clapham Road was closed for 3½ hours as the crash was investigated and cleared, police said.

Obeying the law

On Friday, Delaware Department of Transportation spokesman Greg Layton said that while precautions have been taken in the Little Heaven work zone where the crash occurred, “those precautions only work when drivers obey the law and follow our directions …

“We can and do raise awareness about driving while intoxicated, but we cannot force the drivers to obey the law. Speeding, distracted driving, driving under the influence of drugs or alcohol, and other driver behaviors are what make work zones dangerous places to be. …

“We do try to raise awareness of these dangers — by sponsoring campaigns and posting messages to social media — and we do follow specific guidelines when setting up work zones, but ultimately drivers are responsible for the safety of the roadway.”

DOVER – A Kent County Grand Jury returned approximately 80 indictments on Monday including, among others:

• Marlo A. Tolliver of Harrington for an alleged home invasion in Milford on Feb. 29. Mr. Tolliver was charged with 14 counts including home invasion, first-degree robbery, reckless endangering and kidnapping, criminal impersonation of a police officer, criminal mischief, and wearing a disguise and possession of a firearm during the commission of a felony.

The Milford Police Department reported an incident in the 500 block of N. Church Street in which Mr. Tolliver, 34, allegedly entered a residence with another suspect while armed with handguns and removed personal items from a male who was then assaulted.

After arrest, Mr. Tolliver was held at Sussex Correctional Institution in Georgetown in lieu of $240,500 secured bond.

• Courtney L. Benson Jr., of the 200 block of Mystic Lane in Dover, is facing seven counts regarding a May 4 traffic stop that allegedly yielded marijuana, prescription pills and crack cocaine.

Mr. Benson, 33 at the time of his arrest, was charged with two counts of drug dealing, along with aggravated possession, possession of marijuana, possession of drug paraphernalia, failure to have insurance identification in possession, and failure to have license plate light.

The Dover Police Department made the initial arrest in the area of East Loockerman and Federal streets, aided by Delaware Probation and Parole. Benson was released on $12,050 unsecured bond.

• Darren Dennis, of the 100 block of Thames Drive Dover, was indicted for his alleged role in a gunshot fired at the Camden-Wyoming Little League Complex at about midnight on Feb. 13.

Mr. Dennis, 21 at the time, was indicted on three counts of first-degree reckless endangering, possession of a firearm during the commission of a felony, aggravated menacing, second-degree conspiracy and criminal mischief.

The Wyoming Police Department said a gunshot was fired from the back seat of a vehicle toward a group of 18- to 21-year-olds and struck a vehicle. A planned fight had drawn persons to the area, police said.

No injuries were reported.

• Kenneth J. DeShields, of the 800 block of S. Bradford Street in Dover, is facing seven counts regarding a March 10 traffic stop that allegedly yielded a loaded AR-15 rifle, ammunition, and marijuana.

The Dover Police Department said Mr. DeShields, 21, was initially stopped in the area of South New and Division streets for driving without headlights on at approximately 9:58 p.m. Police alleged that .6 grams of marijuana were seen in plain sight and a vehicle search followed.

Charges included possession of a firearm and ammunition by person prohibited, possession of a weapon with a removed, obliterated or altered serial number, possession of a deadly weapon, a semiautomatic by person prohibited who also possesses a controlled substance, possession of marijuana and drug paraphernalia, and failure to have lights on.

Mr. DeShields was released on $10,101 secured bond.

• Giovanni J. Echevarria, of Bently Court in Dover, was indicted in connection with a March 28 seizure of 392.8 grams of marijuana, a loaded 9mm handgun, and $6,509 in suspected drug proceeds, according to Dover PD.

According to authorities, Mr. Echevarria, 26, was arrested after allegedly committing a traffic violation while driving in the area of Reese and Lincoln streets. He was arrested without incident, police said, and committed to James T. Vaughn Correctional Center near Smyrna on $9,201 secured bond.

The indictment include counts of drug dealing, possession of a firearm during the commission of a felony and by person prohibited, carrying a concealed deadly weapon, possession of drug paraphernalia, driving while suspended or revoked, and a seat belt violation.

• Zechariah L. Gilbert, of the 400 block of Barrister Place in Dover, was named in separate indictments involving firearm and drug dealing charges.

Mr. Gilbert, 22, was charged with possession of a firearm and firearm ammunition by person prohibited and resisting arrest regarding an alleged foot chase involving the Dover Police Department on April 19.

According to authorities, Mr. Gilbert ran from police and threw a firearm after officers responded to a tip in the unit block of South New Street.

In another indictment, Mr. Gilbert was charged with two counts each of drug dealing and aggravated possession after a May 6 arrest. Cocaine possession was referenced in the indictment, which also included second-degree conspiracy and possession of drug paraphernalia charges.

• Keontre Hynson was indicted after investigation into an alleged home invasion in the 300 block of Fulton Street in Dover on April 17.

According to authorities, a victim was struck in the back of the head with a handgun during an alleged assault at approximately 2:04 a.m.

The Dover Police Department said Mr. Hynson, 23, was arrested on April 22 while walking in the area of North New Street.

He was charged with home invasion and second-degree assault and committed to James T. Vaughn Correctional Center near Smyrna in default of $35,000 cash bond.

• Jeffrey K. Korell, of Henderson, Md., was indicted on separate methamphetamine-related cases involving the Delaware State Police and Harrington Police Department.

On May 1, Mr. Korell, 36, was arrested after troopers checked on a vehicle parked in a vacant lot in the 200 block of Willow Tree Circle in Camden-Wyoming.

Authorities said Mr. Korell and a 24-year-old female from Arnold, Md. were found sleeping in a truck and a strong chemical odor was detected.

Further investigation found equipment and component mixtures of manufacturing meth operations, along with key ingredients in making the drug, police said.

Mr. Korell was committed to James T. Vaughn Correctional Center near Smyrna on $20,000 cash bond.

Mr. Korell was earlier charged during an alleged incident on April 10 a Holiday Inn on South DuPont Highway in Harrington, police said.

Indicted counts included aggravated possession, operating or attempting to operate a clandestine laboratory, second-degree assault, carrying a concealed deadly weapon (two counts involving hunting and Bowie knives), possession of marijuana, illegal possession of a controlled substance (two counts) and possession of drug paraphernalia.

Mr. Korell was held at Sussex Correctional Institution in Georgetown in default of $19,500 secured bond.

FELTON – A 15-year-old girl was in stable condition after being shot during a party early Tuesday morning, authorities said.

The Delaware State Police said the wounded girl was not believed to be the intended target in the incident at approximately 3:19 a.m. in the unit block of Weatherstone Lane.

After a 911 call was made reporting multiple shots fired, troopers arrived on scene, secured the area and contacted several witnesses as they attempted to leave the location.

Shortly afterward, the wounded girl arrived at the Frederica Volunteer Fire Company by privately owned vehicle with a gunshot wound to the upper torso. EMS transported the victim to a local area hospital.

After multiple interviews, detectives found that an argument occurred outside of the residence. As several persons were leaving, the argument escalated into a fight and shots were fired subsequently striking the victim.

The suspect was described as a skinny black male approximately 5-foot-8 to 5-10 tall, 17 to 20 years old with a white T-shirt.

The Delaware State Police Criminal Investigations Unit assigned to Troop 3 is investigating the incident. More information would be released when available, authorities said.

Police asked anyone with information contact Detective D. Blomquist at 698-8426. Information may also be provided by calling Delaware Crime Stoppers at 1-800-TIP-3333, online at www.delaware.crimestoppersweb.com, or by sending an anonymous tip by text to 274637 (CRIMES) using the keyword “DSP.”

LEWES – A 33-year-old Lewes man was arrested on May 23 after allegedly attempting to arrange a sexual encounter with an underage girl who was actually a state trooper in an online undercover operation, according to court documents.

The Delaware State Police said Brian D. Myers, of the first block of Sussex Drive, was taken into custody without incident at Tidbury Creek County Park in Dover at approximately 4 p.m. According to authorities, he allegedly told police he bought four boxes of condoms in anticipation of having sex with a girl.

Brian D. Myers

Approximately one hour earlier, police said in an affidavit of probable cause, Mr. Myers had allegedly checked in to a Dover hotel, called the believed girl and then went to meet her at the park.

The sequence began on May 9 at 2:15 p.m., when a trooper assisting the Child Predator Unit was allegedly contacted online by a person later identified as Mr. Myers, according to court papers. The supposed girl’s profile clearly stated her age and that she was a minor, authorities said.

As the chat continued, police alleged, the context turned sexual and at approximately 6:03 p.m. Mr. Myers allegedly sent two inappropriate photos to the trooper posing as an underage girl.

Contacts continued for several days, police said, before a meeting was allegedly arranged.

Mr. Myers was charged with 13 felonies including attempted sexual solicitation of a child and obscenity.

Mr. Myers was arraigned in Justice of the Peace Court and no further court dates were scheduled as of Tuesday morning.

DOVER – Seven former state of Delaware employees have been indicted for alleged fraud involving Electronic Benefit Transfer cards, officials announced on Tuesday.

Delaware Attorney General Matt Denn said the former Department of Health and Social Services employees were responsible for issuing EBT cards, and three previous arrests were also part of the investigation.

A news release described the alleged offenses as “theft of federal money.”

The DHSS said it uncovered and investigated an alleged benefits fraud scheme by employees who defrauded the U.S. government of more than $950,000 in federal funding from the Supplemental Nutrition Assistance Program.

Employees found to have direct involvement in the alleged benefits fraud scheme were terminated by DHSS in 2015, officials said, and the Department’s investigation was referred to prosecutors.

The DHSS said internal investigation began in December 2014 and was led by the DHSS Audit and Recovery Management Services unit, with the cooperation and assistance of the Division of Social Services. The ARMS unit found that seven employees allegedly created more than 100 fictitious SNAP cases to procure electronic benefit cards that could be used to purchase food.

The U.S. Department of Agriculture, which oversees and funds all SNAP benefits in Delaware and nationwide, was notified in January 2015 about the investigation and has provided assistance and guidance throughout the process. DHSS worked closely with both federal and state prosecutors and investigators as to the findings of the internal investigation.

First case emerges

The DHSS said the first case was discovered by a supervisor within the Division of Social Services who could not find the required documentation to support a benefits case during her case reviews. DHSS’s Audit and Recovery Management Services unit and the Division of Social Services began the internal investigation immediately and worked throughout with the USDA.

“I find it especially cruel and disheartening that anyone would steal from a supplemental food benefit for personal gain and greed,” DHSS Secretary Rita Landgraf said.

“As a result of efforts by the Division of Social Services, the Audit and Recovery Management Services unit, along

On Tuesday, authorities announced the arrests of, clockwise from upper left, Allison Rivera, Angelette Brown, Detrich Simmons-Smith, and Kamilah Laws. (Submitted photos/State of Delaware)

with the state Department of Justice and federal investigators, I am pleased that today we are one step closer to having justice done for the federal taxpayers.

“We have continued to be in close contact with our federal partners and will keep working with them to strengthen the internal controls that will make it more difficult for these crimes to occur, while ensuring that red flags are raised as immediately as possible when they do.”

Arrests, indictments

Two defendants were indicted and arrested last week, two others were indicted and remain at large, one was indicted and arrested previously and still faces charges, and two have already been convicted and sentenced, the Delaware Department of Justice said.

Investigation revealed that the fraudulent EBT cards were allegedly delivered to State Service Centers in New Castle and Kent County, and intercepted by the suspects working at those locations, authorities said. Once intercepted, the cards were personally used or sold at a discount, according to the DOJ.

The indictments resulted after a months-long joint effort of prosecutors and investigators from the Department of Justice’s Criminal Division, Fraud Division and the Office of Civil Rights and Public Trust, along with the DHSS Audit and Recovery Management Services.

“This case is part of an intensified focus our office is trying to bring to fraud being committed against the state’s public benefit programs,” AG Denn said.

“These arrests come as the result of an in-depth investigation, supported by many agencies. We appreciate the cooperation from the Office of the Inspector General and the Audit and Recovery Management Services.

“From the Department of Justice, I specifically want to thank Deputy Attorneys General Matt Frawley, Phillip Casale, Allison Reardon and Dennis Kelleher, along with Special Investigators Robert Irwin, Brittney Ketler, Frank Robinson, and John Ciritella.”

The charges detailed

Indicted and arrested last week were:

• Detrich Simmons-Heath, 54, of Chestertown, Md. – charged with theft over $100,000, first-degree forgery, falsifying business records, and official misconduct. She was released on $6,000 unsecured bond.

• Kamilah Laws, 39, of Wilmington – charged with theft over $50,000, first-degree forgery, falsifying business records, and official misconduct. She was released on $5,000 unsecured bond.

Indicted last week on theft over $100,000, first-degree forgery, falsifying business records and official misconduct were Jo Ellen Edwards, 61, of Felton and Shirlene Davis, 29, of Newark.

• Nicole Stevens, 43, of Dover, was arrested in November 2015 and has pending indicted charges of theft over $1,500, official misconduct, first-degree forgery, falsifying business records, and four counts of unlawful use of a payment card for allegedly stealing $8,092.

Previously convicted and sentenced were:

• Allison Rivera, 49, of Dover, pled guilty to theft over $1,500, unlawful use of a payment card, and falsifying business records, and was sentenced in April 2016 to two years of Level II probation, and ordered to pay restitution in the amount of $27,751.58.

• Angelette Brown, 45, of Camden, pled guilty to theft over $1,500, unlawful use of a payment card, and official misconduct and was sentenced to April 2016 to two years of Level II probation, ordered to do 240 hours of community service, and forced to repay the $15,957.

DOVER — Citing past reliability of confidential informants and confirmation of details provided, a judge on Wednesday affirmed the validity of two search warrants obtained during a Dover drug investigation in September 2015.

Alleged drug dealer Jeffrey L. Crippen sought to suppress evidence connected to search warrants at a residence on Village Drive in Dover and a cellphone recovered during the operation.

While Mr. Crippen argued that insufficient information was present to establish probable cause, Superior Court Judge Jeffrey Clark cited four confidential informants’ tips on cocaine sales allegedly involving the defendant.

At the same time of the sales, Judge Clark noted, police monitored and observed the controlled purchases, and conducted an independent investigation that brought Mr. Crippen’s eventual arrest on Sept. 21, 2015.

Mr. Crippen believed some facts presented to a magistrate were “stale” after occurring more than a year before, the opinion stated and “much of the allegations were of potential, yet irrelevant criminal conduct and prior bad acts were an attempt to influence the neutral, independent and detached magistrate.”

Judge Clark referenced case law that “a tip from a confidential informant can provide probable cause, if the totality of the circumstances demonstrates the tip’s reliability.”

The Supreme Court found in one case that probable cause existed “primarily because of a tip from a past-proven reliable confidential informant,” according to the order.

In the case against Mr. Crippen, Judge Clark opined that “sufficient details corroborated the various tips from confidential informants, to bolster information provided by the past-proven reliable informants under the totality of the circumstances.”

A recent controlled purchase, along with corroboration and link of Mr. Crippen to the residence nullified any staleness claim, according to Judge Clark.

Regarding the cellphone, Judge Clark ruled it “was found in the master bedroom, at the time the defendant was attempting to flee, placing the defendant in the same room as the cellphone, at the same time.”

According to the order, law enforcement located 5.2 grams of cocaine in a vehicle outside the residence, a digital scale and other drug paraphernalia located on a pantry shelf, along with a stolen firearm.

Jim Ligouri

DOVER — Two recent instances once again spotlighted potential unrest between city police officers and their chief, echoing similar claims by high ranking agency leadership in 2014.

Dover Police Department Master Cpl. Dave Gist, also Fraternal Order of Police lodge president, opted for an open disciplinary hearing against him on May 9, publicly airing concerns after a perceived snub of Chief Paul Bernat at a 2015 Christmas party, among other internal issues.

Attorney Jim Liguori, who represented Mr. Gist, followed with a letter to the Attorney General’s office on May 24 expressing his belief that “in my 41 years of practicing law in Kent County, I’ve never seen the morale or leadership of the Dover Police Department at such a low point.”

Asked for a response to the letter, Dover Mayor Robin Christiansen expressed support for all city police members.

“I have total confidence in the chief of police and staff, and all the men and women to do the very difficult job they have to do,” he said.

“I support them 100 percent and hope they’re 100 percent dedicated to addressing our citizens’ concerns.

“As far as Mr. Liguori’s letter goes, that’s just one man’s opinion,” the mayor said.

Dover City Council was briefed on the ongoing situation in which the Attorney General’s office said is under review.

“I believe, in my heart, that Dover city police officers are loyal to protecting the lives and property of the citizens in Dover and are responsive to Chief Bernat and the leadership of the police department,” councilman Scott Cole said after a request for comment.

After referencing a supposed no confidence vote against previous police chief Jim Hosfelt, Mr. Liguori claimed the “heavy handed and improper machinations of Paul Bernat in his
threatening [Internal Affairs] investigations against all those in the rank and file that agree with him …” need to be addressed.

Earlier this month when the letter was disclosed, Chief Bernat declined comment.

Two cases referenced

Mr. Liguori represented former Dover Police Cpl. Thomas W. Webster IV, found not guilty of assault in December 2015 after rendering a suspect

Dave Gist

briefly unconscious after a jaw-breaking kick to the jaw in August 2014. The officer eventually separated from Dover Police Department while receiving $230,000 in a settlement agreement.

Cpl. Gist  was cleared of any misconduct by an independent police board regarding performance standards suggestions to officers on Jan. 13.

Mr. Liguori contacted the Attorney General’s office in reference to Chief Bernat’s handling of a use of force report involving Mr. Webster in the assault case, claiming a crime might have been committed.

Continuing on, Mr. Liguori described Chief Bernat as having surrounded himself with a “small coterie of sycophants.”

“It’s not my style to complain, quite the opposite, my affinity for all police, especially the [Dover Police Department], runs deep” Mr. Liguori wrote to the Attorney General’s office.

“That’s why I’ve struggled with how to handle the above. It bothers me so much that I can no longer just let it pass.”

Considering the source

Citing his past career in the media, councilman Fred Neil said, ““As an old newsman, I look to see what is prompting Jim Liguori’s new attacks on the Dover police chief.
“Since his client, officer Webster was acquitted, Liguori was able to get him a generous settlement.”

“However, Liguori may have missed the O.J. Trial, found innocent, but not in the public’s eye. Ditto, officer Webster’s actions were captured on video cam.”

Mr. Neil said, “After the city agreed to handsome increases for the police department, it may be Liguori is seeking to create doubt between the FOP leadership and the police chief. I can’t say it’s a power grab on behalf of the FOP, but it sure looks like it.”

In conclusion, Mr. Neil said he was in full support of all Dover Police Department staff, from patrol officers to Chief Bernat.

“I have no reason to believe Dover police officers aren’t loyal to protecting the lives of the citizens on Dover and responsive to Chief Bernat and the leadership of the police department,” he said.

“I stand solidly behind the chief and I wouldn’t want any entity other than elected officials controlling the destiny of the city.”

“Everyone has a right to their opinion,” Councilman David Anderson said. “I hope over the coming months that everyone has a positive one. We as a community appreciate the job done with distinction by our police officers.

“I encourage everyone to show it.”

More controversy

As FOP president, Cpl. Gist would not previously confirm or deny any no-confidence vote taken against Mr. Hosfelt, saying his organization does not discuss such matters publicly. Also, Cpl. Gist declined comment on Mr. Liguori’s letter.

Similar officer-based concerns about the leadership of then-Chief Jim Hosfelt were raised two years ago.

The transition to Chief Bernat upon Mr. Hosfelt’s retirement in 2014 prompted several high ranking officers to air public grievances describing an allegedly unhealthy work environment due to leadership practices within the department.

“The environment at [Dover Police Department] has been a hostile one and it’s been a stressful situation for myself and the other members of the staff for several months,” then Lt. Dan McKeown stated in a grievance connected to Chief Bernat’s promotion of Maj. Marvin Mailey, an African-American, to the agency’s second in charge, with the support of then-Mayor Carleton Carey.

To settle the grievances, the city of Dover paid Lts. McKeown, Jason Pires and J. Eric Richardson $50,000 each, along with Capt. Tim Stump; Capt. Robert Scott received $100,000.
Attempts to reach Mr. Hosfelt this week for comment were unsuccessful.

When announcing the settlements on May 12, 2014, the city of Dover cited officer’s allegations that Mayor Carey’s involvement “and/or insisting that Marvin Mailey be promoted to major is unprecedented and completely contrary to the past promotional patterns established by the [Dover Police Department}.”

In their grievances, officers cited race and color as factoring into the promotion process.

After allegations against Mr. Carey were made, which he denied, the mayor resigned less than two days after being asked, according to the city of Dover in a news release.

Hostile workplace alleged

Regarding the promotions, Lt. McKeown said, “I feel there has been obvious and overwhelming emotional damage this has done to my career and emotional state.”

According to Lt. Pires at the time, transfers in Dover Police Department came “as a result of questions, statements and concerns we had with regarding the now retired Chief James Hosfelt’s ability to lead the [department].”

Continuing on in the grievance, Lt. Pires wrote, “The environment at [Dover Police Department] has been a hostile one and extremely stressful for me and the other members of the staff for over a year, to the point where I have felt the need to take time off of work to avoid the hostility …”

Mr. Richardson also cited the hostile and stressful situation in his grievance for several months and said, “I do not know how this situation can be adjusted.”

Four officers have since retired, and Capt. Stump remains as Dover PD’s administrative captain. Mr. Scott is now employed in a civilian spot as the agency’s crime analyst and accreditation staffer.

MILFORD — An armed robbery suspect unsuccessfully attempted to escape custody through a jail cell’s ventilation system Monday, Milford Police Department said.

Jose R. Garcia

Jose R. Garcia, 33, of Milford, also tried to make weapons out of items in the cell, according to spokesman Sgt. Dwight Young, but they were taken from him before he could attempt to use them.

Mr. Garcia was apprehended while trying to hide in a shed after an alleged knife-point robbery at the Market International Store on South Walnut Street, authorities said.

He was also wanted on active warrants in Milford for failure to verify as a registered sex offender and in Georgetown, Sgt. Young said.

Detectives said investigation found that Mr. Garcia allegedly entered the business, pulled a knife and threatened to kill an employee if she didn’t hand over all the money in the store.

After money was turned over, police said, Mr. Garcia grabbed the employee by the neck and started to drag her to the back of the store, saying he was going to sexually assault her.

The employee broke free in the back of the store and headed toward the front door to flee, police said. Mr. Garcia fled on foot and was later apprehended at a residence in the area of SE 2nd Street.

Charges included first-degree robbery (two counts), possession of a deadly weapon during the commission of a felony, second-degree kidnapping, aggravated menacing, possession of a deadly weapon by person prohibited, tampering with physical evidence, second-degree attempted escape, terroristic threatening, third-degree assault and criminal mischief under $1,000.

Mr. Garcia was arraigned and committed to Sussex Correctional Institution in Georgetown in lieu of $104,250 cash bond.

DOVER — Barry T. Cooper, of Georgetown, was arrested in the McDonald’s parking lot at 1700 East Lebanon Road on Tuesday by the Delaware State Police Child Predator Unit and is now facing 16 counts of sexual solicitation of a child.

Mr. Cooper allegedly was expecting to meet a man’s 14-year-old daughter for sex after exchanging emails with what turned out to be an undercover police officer on several different occasions beginning May 17.

It turned out that Mr. Cooper, a 5-foot-11, 210-pound white male, was instead communicating with a Troop 3 uniform patrol officer he had encountered on a website designed for casual sexual meetings.

The officer was conducting undercover investigations on the site and noted that from prior experience he knew people with an interest in sexual taboos, including sex with underage children, used the site for possible meetings in person.

On Tuesday at around 8 a.m. Mr. Cooper sent the officer an email saying he would be at the McDonald’s in a white van. He told the officer he and his “daughter” could have sex in the van.

Upon arrival, Mr. Cooper was taken into custody without incident. A search of his van turned up a bag containing ropes, condoms, lubrication and Viagra.

The communication between Mr. Cooper and the “father” of the “teenage girl” began more than a month ago.

On May 17, the officer responded to an advertisement that had been placed by Mr. Cooper in the casual encounters section that claimed he was looking for men with “all kinds of internal fantasies they would like to act upon” and keeping a “secret life” hidden.

The officer replied to Mr. Cooper that he had taboo thoughts and a teenage daughter to whom he was sexually attracted. He then asked Mr. Cooper what his “taboo” was and if he had any limits.

According to court documents, Mr. Cooper responded he was sexually attracted to young girls and boys. He stated he was 60-years-old — though the Criminal Justice Information System has his birth date listed as April 17, 1941 — and previously had sex with a 16-year-old boy.

Mr. Cooper allegedly went on to say he was always looking for young boys and girls to seduce. He said his age limit would be around 11 or 12 years old but could change depending on the situation.

Mr. Cooper then told the officer he had an interest in meeting his 14-year-old daughter for sex if he “shared her,” according to the court documents. He said he watches young girl pornography and it really “turns him on.”

On May 17, Mr. Cooper emailed that if the man was willing to “share” his 14-year-old daughter that he was available weekdays during the day until 3 p.m.

Over the course of the next month, Mr. Cooper’s interest escalated as he sent nude photos of himself to what he believed to be a man’s teen daughter and began emailing to an undercover account that he was led to believe belonged to a young girl.

The emails eventually led to Mr. Cooper setting up a meeting with the man’s “daughter” and he was subsequently arrested.

In addition to the 16 counts of soliciting sex with a child, he also was charged with one count of child pornography and two counts of obstruction

DOVER — Dover Police Department arrested five men in four separate incidents for allegedly dealing drugs at the Firefly Music Festival held this past weekend at the Woodlands of Dover International Speedway.

Dover Police announced the arrests Wednesday.

Two Philadelphia men were arrested Friday as the department’s Drugs, Vice and Organized Crime Unit conducted undercover operations on the property of Dover International Speedway, the site of the four-day music festival that ran Thursday through Sunday. It was the fifth year for the popular festival which organizers expected to draw 90,000.

After observing the two — later identified as Michael Parker, 42, and Kevin Christmas, 55 — allegedly conduct hand-to-hand transactions in a camping lot, an undercover officer was able to purchase one capsule of what was determined to be methylenedioxypyrovalerone, commonly known as Molly, from the suspects. They were taken into custody without incident.

According to Dover Police, the two were in possession of 87 capsules of Molly; 33 pills containing LSD; 114.9 grams of Psilocybin mushrooms; 40.7 grams of cocaine; 4.9 grams of marijuana and 1,472 doses of LSD (23 sheets/64 doses per sheet)

Kevin Chrisitmas

Kevin Christmas was charged with possession of cocaine (Tier 5 quantity); possession with intent to deliver LSD (Tier 4 quantity); possession of LSD (Tier 5 quantity); possession with intent to deliver controlled substance (bath salts); possession of bath salts (Tier 5 quantity); possession with intent to deliver cocaine (Tier 4 quantity); possession with intent to deliver “magic mushrooms” (Psilocybin); two counts of conspiracy in the second degree; possession of marijuana; possession of drug paraphernalia and three counts of delivery of controlled substance.

He was committed to James T. Vaughn Correctional in Smyrna on $93,000 bond

Michael Parker

Michael Parker, also committed to Vaughn on $70,500 bond, was charged with possession of cocaine (Tier 5 quantity); possession with intent to deliver LSD (Tier 4 quantity); possession of LSD (Tier 5 quantity); possession with intent to deliver controlled substance (bath salts); possession of bath salts (Tier 5 quantity); possession with intent to deliver cocaine (Tier 4 quantity); possession with intent to deliver “magic mushrooms” (Psilocybin); two counts of conspiracy in the second degree and possession of marijuana.

Dover Police made additional arrests at the festival on Saturday, according to Master Cpl. Mark Hoffman.

Javier Tapia

Javier Tapia, 23, of Johnson City, Tennessee, was arrested after allegedly selling Ecstasy to an undercover Dover Police officer. Officers discovered once he was in custody that Mr.Tapia allegedly was in possession of marijuana, Xanax pill, LSD and four doses of Ecstasy.

Mr. Tapia was released on $11,500 unsecured bond after he was charged with delivery of controlled substance; possession with intent to deliver MDMA/Ecstasy; possession of marijuana; possession of controlled substance without a prescription; possession of LSD and possession of drug paraphernalia.

Percell Gray

Dover Police also arrested 29-year-old Percell Gray, of the 300 block of College Road, Dover, after he allegedly sold drugs to an undercover officer. Mr. Gray was charged with delivery of a controlled substance (oxycodone) after selling three pills to the undercover officer, police said.

He was arrested without incident but also had a capias from Kent County Court of Common Pleas. He was committed to Vaughn on a $1,230 cash bond.

Also on Saturday, Dover Police arrested Robert Stanard, of Philadelphia, on drug-related charges.

At about 8:27 p.m. officers working extra security detail at the Firefly contacted Mr. Stanard, 52, due to what they considered suspicious behavior.

Officers observed a clear plastic bag coming out of his pocket, according to police.

Robert Stanard

Officers determined Mr. Stanard allegedly was in possession of 91 grams of Psilocybin mushrooms and 32 grams of cocaine.

He was charged with possession with intent to deliver Psilocybin mushrooms (Tier 4 quantity); possession with intent to deliver cocaine and possession of drug paraphernalia.

He was committed to Vaughn on $20,000 bond .

DOVER — A former Felton resident is seeking what he believes is justice regarding 2012 interactions with law enforcement officers investigating a terroristic threatening allegation against him raised by his former wife.

On April 22, Gordon G. Smith, 50, now living in Florida, filed a federal lawsuit against the Delaware State Police and Department of Correction, alleging harsh and unwarranted treatment ensued as authorities investigated claims that eventually brought false report charges against his accuser.

Gordon Smith

Earlier, Mr. Smith’s lawsuit against law enforcement regarding a series of false arrests allegedly involving his former wife and protection-from-abuse orders in 2010 was dismissed in state Superior Court. Mr. Smith said several cases against him were not prosecuted and his record connected to the incidents was expunged.

The current suit covers actions taken from July 28 to Sept. 6, 2012, when Mr. Smith claims he was arrested and illegally fitted with a GPS ankle monitor when further accused by his former wife.

The federal lawsuit references five defendants, including then-Department of Correction Commissioner Carl Danberg, and current commissioner Robert Coupe, who was a Delaware State Police trooper during the sequence in 2012 and allegedly participated in Mr. Smith’s arrest. Two other troopers and a probation officer are also included.

According to Mr. Smith, he was arrested and then charged with terroristic threatening after his former wife told police he threatened to kill her during a phone call on July 28, 2012.

Mr. Smith maintained the arrest was made “without corroborating evidence,” and Justice of the Peace Court ordered him “to be put on probation, as part of his bond, prior to his standing trial or being convicted of any criminal offense.” He was required to report weekly to the Department of Probation in Dover, Mr. Smith alleged.

On Aug. 21, 2012, Mr. Smith claimed, the Court of Common Pleas approved a request by the DOC for monitoring via GPS and through an ankle monitor.

Mr. Smith alleged in the lawsuit that he had not “stood trial, faced his accuser, or been convicted of a criminal offense.

“Additionally [Mr. Smith] was required to wear an ankle monitor that he had to charge twice a day. Fully charging the ankle monitor took three hours each time, which meant [Smith] was attached to a wall outlet for no less than six hours a day.”

Mr. Smith claimed “he was not allowed to travel out of the Delaware and Maryland areas” and thus denied the right to freely practice his religion due to services he attended on Sundays in Washington, D.C.

An arrest detailed

On Aug. 28, 2012, in Camden, Mr. Smith said he was arrested at gunpoint by three state police troopers in the Texas Roadhouse parking lot.

Mr. Smith alleged he was violently handcuffed and the troopers “refused to tell him why he was under arrest when he asked and continued to verbally assault him.

“They dragged him to the official department vehicle and threw him in the back…”

During the apprehension, according to Mr. Smith, he was referenced by a trooper as a “scumbag” and “retard.”

According to Mr. Smith’s lawsuit, the troopers “had access to the GPS history to determine that [Smith’s] ex-wife’s accusation were meritless. Defendant police officers knew or should have known that [Smith’s] ex-wife was the subject of an ongoing investigation regarding her false reports regarding [Mr. Smith.} Defendant police officers knew or should have known that there was no probable cause to arrest Smith.”

At Troop 3, Mr. Smith alleged he was assaulted and battered and left in a “cold” jail cell for approximately two and a half hours; he said he suffered bruises and lacerations, according to Mr. Smith.

“[Mr. Smith] feared for his life and safety and was terrified by the experience,” the suit read.

Half-clothed and barefoot, Mr. Smith alleged a trooper eventually walked him through the building and was not charged with any crimes, according to the suit.

“He was allowed to put his clothes back on and given a ride back to his car,” Mr. Smith claimed.

Former wife arrested

The lawsuit alleged Mr. Smith’s former wife was arrested three days later by the Dover Police Department and “charged with making three false reports to police and a felony misstatement to police during an investigation.”

After Dover Police Department’s request, Mr. Smith said, the state Attorney General’s Office dropped all pending charges against him. The DOC removed the ankle monitor on Sept. 4, according to the suit.

After the incident, Mr. Smith claimed, he “has been unable to work for various periods of time and denied employment at other times based on the false arrests despite the fact that he had no convictions aside from a minor harassment misdemeanor.”

Mr. Smith claims his First, Fourth, Fifth, Eighth and Fourteenth Amendment rights were violated.

Since Jan. 14, 2010, Mr. Smith alleges he’s suffered panic attacks and post traumatic stress disorder and “lived in terror anytime he was in the State of Delaware.”

The lawsuit was filed by Cooch and Taylor attorney Anthony Delcollo on Mr. Smith’s behalf.

Mr. Smith said he currently works for a private security firm in Orlando, Florida.

DOVER — A Dover pain doctor was sentenced to 18 months of probation Monday after pleading guilty to one count of felony health care fraud involving fraudulent billing practices.

Dr. Senad Cemerlic, an anesthesiologist and owner of ABG Pain Clinic, was ordered to pay $250,000 in restitution to the state Division of Medicaid and Medical Assistance and a $50,000 fine. He also must pay $10,000 to cover the cost of the investigation that began last in year in response to a tip to the state Medicaid Fraud Control Unit.

Superior Court Judge Robert Young also ordered Cemerlic to perform 200 hours of volunteer service, another condition of the plea agreement negotiated by prosecutor Tina Showalter and defense attorney James Liguori. Both sides suggested that prison time for Cemerlic would be “inappropriate.”

“We know very good people make some very stupid mistakes,” Liguori told the judge.

Cemerlic was arrested last September on six counts of felony health care fraud following a lengthy investigation by state and federal authorities into his billing practices between in 2012 and 2013.

Investigators said they uncovered extensive patterns of fraud, including billing for services that were never provided, submitting claims for services and testing that weren’t medically necessary, billing for tests and equipment provided by an outside laboratory vendor, and submitting claims with higher reimbursement codes than the actual procedures or tests performed.

Cemerlic, who is likely to face disciplinary proceedings by the state medical licensing board, started to read a prepared statement before sentencing but was overcome with emotion. As his wife and two children looked on, he handed the statement to Liguori to read.

In the statement, Cemerlic made a vague reference to trusting people he should not have trusted.

“It was not my intention to steal the money, but it was my fault, and I am responsible,” he added.

FREDERICA — The Delaware State Police Homicide Unit on Wednesday identified Raymond A. Hutson, 25, of Greensboro, Maryland, as the suspect fatally wounded by a Delaware State Police trooper late Monday evening.

The incident occurred north of Frederica after a chase that ended on Del. 1 south of Barrett’s Chapel Road.

An autopsy conducted Wednesday by the Delaware Division of Forensic Science determined Mr. Hutson died as a result of a gunshot wound.

According to police on Tuesday, a state police trooper fired his patrol rifle at Mr. Hutson after he allegedly was seen waving what was believed to be a gun in the direction of law enforcement.

On Wednesday, police said evidence recovered at the scene was a gun cigarette lighter.

Police said evidence recovered at the scene of Monday’s shooting was a handgun cigarette lighter, similar to the one in this photo provided by Delaware State Police.

According to state police, the incident happened at about 11:51 p.m. Monday as deputies from the Caroline County (Maryland) Sheriff’s office entered into Delaware, pursuing a red 1994 Ford pickup truck, operated by Mr. Hutson, and allegedly stolen.

According to police, Mr. Hutson was driving recklessly through western Kent County and Delaware State Police troopers became involved in the pursuit around Felton. Police said the suspect was seen displaying a handgun in his left hand. The pursuit continued into the town of Frederica, before Mr. Hutson drove northbound in the southbound lane of Del. 1 into oncoming traffic.

When he came to a stop on the southbound shoulder of Del. 1 south of Barrett’s Chapel Road, troopers and deputies initiated a felony traffic stop. Police said he was holding a handgun.

Mr. Hutson allegedly ignored numerous verbal commands and waved the gun in the direction of the troopers and deputies. The trooper, who has not been named, fired his patrol rifle, striking Mr. Hutson who was seated in the driver’s seat of the truck.

This incident remains under investigation by the Delaware State Police Homicide Unit.

Losing a bid to suppress wiretap evidence in a Greenwood area drug case were, clockwise from upper left, Abdul T. White, Gary D. Williams, James M. Smith, Taquen G. Owens, and Kevin A. McDonald Jr. (Submitted photos/Delaware State Police)

DOVER — Police wiretaps during a 2015 large scale drug investigation in the Greenwood area were valid, a judge ruled in June, and evidence from them can be part of the case moving forward.

On May 19 in Kent County Superior Court, attorneys for seven defendants argued to suppress the wiretaps, pointing to perceived minimal facts and “stale, conclusory, and boilerplate language” in affidavits requesting them, according to Judge Jeffrey Clark in a 53-page opinion released June 22.

Defendants Francisco F. Felton V, Johnie McDonald, Kevin A. McDonald Jr., Taquen G. Owens, James Smith, Abdul White and Gary D. Williams are among 19 people charged after investigation into an alleged long-running drug operation in the area of Unity Lane, nicknamed “the Hole,” in Greenwood, papers said.

The court found the Delaware State Police’s wiretaps reasonable, pointing to one 53-page affidavit “containing sufficient particularized facts to establish probable cause and necessity.

“As discussed, the affidavit is broken down into various sections: introduction of the affiants, introduction to the investigation, identities of those believed to be intercepted …

“Short summaries of the confidential informants used during the investigation, the geographical considerations of Unity Lane, investigation and probable cause, need for interception, physical surveillance, search warrants, use of Attorney General Subpoenas, investigation through the use of confidential informants, undercover officers, and controlled purchases …”

Wiretaps were sought by the Attorney General’s Office on Aug. 17, 2015, as “The investigation’s goals of identifying the source of drugs, stash locations, and identifying additional members of the Organization were not met” despite using “three confidential informants, physical surveillance, pole cameras, controlled buys, search warrants, suspect interviews, and pen registers” techniques that yielded some results, the opinion read.

Code words described

According to the opinion, six wiretaps of prepaid Verizon and personal phone accounts were involved. After evidence was obtained from the first wiretap, five more followed as an investigative trail developed, police said.

A police affidavit described the Unity Lane location as full of trees and foliage, making effective aerial surveillance not possible.

Also, community members were quite familiar with each other and noticed any outsiders, making even undercover operations challenging, according to police. Two surveillance operations involving drive-by troopers and sniper/observers in a nearby wooded area were aborted after the deployment was spotted, authorities said.

During the wiretaps, police alleged coded terms such as “jawns,” “green ones,” were used during a supposed marijuana transaction, and the price was given by asking what the “ticket on it” was. The answer of “twenty-five” translated to $1,250, police claimed.

In other conversations, “dog food” identified heroin, police alleged, and “my usual” suggested cocaine. A “bun” and “forty of hand” was taken by police to mean crack cocaine costing $40 each. “Bud” and “Smoke” described marijuana, police believed, “logs” were 10 bundles of heroin and “half a ball” indicated a quantity of cocaine.

At one point, according to allegations in an affidavit, high grade marijuana would cost “eight-two racks,” the translation for $18,200.

In the opinion, Judge Clark noted a defendant argued four calls were “completely innocent and unrelated to drug activity.” In another case, two defendants argued slang terms they used were “innocent” and they “offer their personal interpretations of those terms,” the opinion read.

Police Chief Paul Bernat, left, and Mayor Robin Christiansen during a press conference at Dover Police Department. (Delaware State News/Marc Clery)

DOVER — Following more claims of unrest within the Dover Police Department, one city council member believes an alternative command structure is warranted.

Fourth District representative Roy Sudler Jr. advocates a police force that reports to city council.

“Especially since every time there’s a major incident we are pulled into executive session,” he said.

As an example, Mr. Sudler said, council was called into executive session on June 14.

Mayor Robin Christiansen billed that executive session, according to council agenda, as a strategy session for potential litigation involving the police department.

Dover’s city charter mandates the police chief — currently Paul Bernat — reports to the mayor.

After conducting what he described as “extensive research” on the city’s current form of municipal government, Mr. Sudler said a modified city council/city manager would bring benefits, including

• General administration, making policies and setting budgets;

• Mayor chosen from among the council on rotating basis and;

• City council hiring chief of police.

The structure with a mayor having weak power and duties “would be conducive to the taxpayers and constituents of Dover to have the Dover PD under city council’s leadership,” the councilman said.

Mr. Sudler said he’s spoken with some senior citizens and property owners who are uncomfortable with the high profile squabbles and controversies within Dover Police Department. Moreover, he has wavered in his belief that a strong mayor/city council form of government works best.

“[With] recent cases such as the Webster case and how some Dover constituents I spoke with were very upset with the amount of taxpayers’ dollars being spent for a severance package and now this new issue, I — as a taxpayer and councilman for the city of Dover — am truly concerned about the direction and future of the Dover Police Department and its internal beefs,” Mr. Sudler said.

Past police issues

The mid-June council executive session in Dover followed public disclosure that attorney Jim Liguori described morale within Dover Police Department as being the lowest he’s seen in 41 years of regular interactions with the agency.

The concern was voiced in a May 24 letter to the Delaware Department of Justice questioning Chief Bernat’s actions as a major while handling an investigation into the actions of then-Cpl. Thomas W. Webster IV during an August 2013 apprehension in which a suspect suffered a broken jaw when the officer kicked him.

Mr. Webster, found not guilty at trial, was disciplined internally before any criminal charges were filed and entered a severance agreement including a $230,000 payout from the city over six years following the verdict.

In the letter, Mr. Liguori described Chief Bernat as surrounding himself with a “small coterie of sycophants” in leadership positions.

The Department of Justice said it was reviewing the contents of the letter, and Chief Bernat declined comment when it was acknowledged publicly.

Mr. Liguori’s letter also referenced a purported Dover Police Fraternal Order of Police no-confidence vote of former Chief James Hosfelt. The FOP has earlier declined comment on the matter.

Then there was a personnel matter in which Dover Police Master Cpl. David Gist, also Dover Fraternal Order of Police lodge president, chose to make public while describing a falling out with Chief Bernat fueled in part by a perceived slight at a department Christmas party and other internal issues.

Calling the ongoing struggle between the FOP and Chief Bernat “unfortunate,” Mr. Sudler said, “In my opinion (it) has an adverse affect on the constituents of Dover.”

Chief Bernat’s tenure began with a controversial appointment of then-Lt. Marvin Mailey, an African-American, to second-in-charge deputy chief, which resulted in the city paying $300,000 to five high ranking officers (four white, one bi-racial) claiming they were more qualified and unfairly bypassed for promotion due to their race.

While then-mayor Carleton Carey — who selected Chief Bernat for the top position — denied that he influenced the deputy chief promotion process, he resigned soon afterward under pressure of city council.

The fallout from that case included some officers making public their contentions that a stressful, toxic atmosphere existed within the Dover Police Department under then Chief Hosfelt.

Answering to constituents

At this point, Mr. Sudler believes council has “no influence on the current day-to-day operations” of the police department.

“But,” he said, “Council is often called into executive session whenever there is a lawsuit pending.”

While the mayor has final say on decisions, lawsuit settlements and/or severance packets regarding Dover Police, Mr. Sudler says in most cases “the district council persons are left to shoulder the blame or justify the mayor’s decision.”

Exhibiting great leadership, Mr. Sudler maintains, current council president Tim Slavin often reminds “council to allow the mayor to deal with the police issues without council interfering unless requested by the mayor or a Dover constituent.”

In its current form of police department oversight, “this concept has manifested a neutral respect between the mayor’s office and city council,” according to Mr. Sudler.

At this moment, Mr. Sudler isn’t planning on holding a forum to address specific issues.

“However, I would like to say for the record that since I have conducted a community forum at the Hamlet Shopping Plaza in late 2015, according to Dover PD statistics,” he said, “There has been a decrease in the crime rate not only in the plaza, but the Hamlet residential development as well.”

Unity within law enforcement is critical to Dover’s present and future, Mr. Sudler maintains.

“I know that we have really good officers on the force, but the internal beef [stuff] needs to stop … we have at-risk youth and seniors who rely on the leadership of the Dover PD and officials to step up and do the right thing by working together for the best interest and well being of this great city of Dover, Delaware,” he said.

The mayor’s viewpoint

Mr. Christiansen believes “public safety by committee doesn’t work,” and that he was elected after running a campaign touting the importance of a strong police department and other safety-related entities.

While interacting with citizens on a daily basis, Mr. Christiansen said he’s received nothing but positive reviews of the role of the mayor in the police department’s direction and commitment to protecting the approximately 38,000 citizens of Dover and its visitors.

“The voters expressed their confidence in me,” Mr. Christiansen said, adding he’s driven to uphold their belief in him.

The mayor pointed to other cities with the same reporting structure — police department to mayor — including Wilmington, Baltimore and Philadelphia and said the structure is the only one feasible.

“People know if there’s one person responsible to them, then they feel more comfortable with it,” Mr. Christiansen said.

“The buck for that responsibility should stop at the mayor’s office. Naturally that is the way it should be because the mayor is ultimately responsible to the citizens.

“In time of crisis,” he said, “the citizens expect the mayor to provide for the safety of their families and communities.

“As mayor along with the [police] chief we have reviewed policies to benefit of the citizens we serve and craft our policies to be proactive.”

City council impacts police department operations through its decisions on funding, Mr. Christiansen said, and “their recommendations and concerns are always welcomed by me.”

According to councilman Fred Neil, 40 percent of the city council-approved budget goes to the police department.

The mayor believes he has “great moral support from council” and he’s focused on keeping members updated on issues in a transparent, trusting culture.

Regarding publicly aired discord within the Dover Police Department, specifically toward the chief, Mr. Christiansen said, “There’s a small minority of [the police force] that has issues with Chief Bernat.”

Mostly, according to the mayor, Dover Police is loaded with team-oriented officers dedicated to providing the highest level of public service.

“I would not [want them working] any other way,” he said.

Despite some claims to the contrary, “morale is generally very good across the board” within the city police force, he said.

Thoughts from council

Several council members strongly support the current form of police oversight, including David Anderson.

“The police chief should be taking orders from only one person, and that’s the mayor,” he said.

If need be, Mr. Anderson said, council has authority to remove a police chief if circumstances such as malfeasance arise.

Mr. Anderson described the current system as “efficient”; he believes new procedure on hiring of a police chief allows a committee of city officials opportunity to present a recommendation to the mayor confirming proper procedures were followed and the right candidate is found.

“I could never tell the chief to do anything,” Mr. Anderson said, and added there’s a direct line to the chief to express his concerns and needs.

“I always [copy] the mayor in the e-mail as well,” he said.

Recounting his time on a Washington, D.C., police force that reported to the mayor, Councilman Brian Lewis said the form of government “seemed to run rather smoothly.”

Larger cities nationally have historically operated in the same way as Dover, Mr. Lewis said.

“In my opinion the mayor being in charge of the Dover Police Department frees up individual council members’ time and makes one person accountable … to report back to council with any police department matters, plus serv[e] as a liaison,” he said.

Count Mr. Lewis as one elected official believing in the current system.

“In my opinion there are checks and balances built into this form of governance and I don’t believe there is a situation that exists now that merits a change in this governance,” he said.

Council President Mr. Slavin said he “focuses on outcomes and thinks re-organization talks can waste a lot of time and energy.”

With a strong communication network between council, mayor and police currently in place, Mr. Slavin said he’s relying on Mr. Christiansen to be a “good day-to-day manager.”

A wide range of challenges related to Dover’s public safety exist, Mr. Slavin said, but he’s happy with the course the police department has taken.

“I’m in the legislative branch trying to be a good legislator,” Mr. Slavin said. But he also said watching out for any claims of internal police department angst.

“But I’m not going to micro-mange it,” he said. “I’m going to rely on the mayor and chief to address those issues.”

He expects them to do so in a manner that benefits the city and its citizens.

One person accountable

Noting that his viewpoint is framed by the past experiences of being a newsman in his native Baltimore, a governmental press officer and elected Dover official, councilman Mr. Neil said he’s “comfortable with the current set-up” with the mayor and police department.

“The chief has one person to respond to in the mayor,” Mr. Neil said. “The chief has been sensitive to the concerns of the council, but doesn’t have to worry about having to answer to nine different voices or follow nine different locations.”

Mr. Neil acknowledged Chief Bernat or Deputy Chief Mailey’s presence at all council meetings.

“The mayor and council work in harmony for the benefit of the citizens in Dover.”

While Mr. Neil said he’s a “big fan” of Mr. Christiansen, in general terms he’s wary of a strong mayoral system of government.

“If the person elected himself, or herself, has been elected to be a czar or czarina, a personality cult could shut down transparency, and suffocate the role of the council as representatives of the public,” Mr. Neil maintained.

Changes in the mayor’s role and form of town government were discussed before the current council was elected in 2015, Mr. Neil said.

“The previous council flip-flopped, and flipped again on changing the form of government in the city,” he said. “I believe that created concern in the minds of the public.

“I also believe that stability has returned under the current form of government.”

“The current system works for Dover,” said Councilman Scott Cole, “as the [police department] chief, mayor and council members work together to respond to the needs, concerns and issues of the citizens of Dover in a transparent and timely fashion.”

Taking it further

Councilman Hosfelt, who served as Dover’s police chief before retiring in April 2014, would like to see the mayor also oversee the city’s fire department and ambulance service.

“Placing all the city’s public safety departments under the direction of the mayor would mean uniformity in leadership and consistency to residents,” said the chairman of the Safety Advisory and Transportation Committee.

Expressing a belief in the current structure, he asked, rhetorically, “Why change what is working?”

Mr. Hosfelt is positive the city’s current leadership and officers are providing top-notch public safety.

“Contrary to what a few people would have you believe, the men and women of the Dover Police Department continue to excel in all areas of police work under the leadership of Chief Bernat and his staff,” he said.

Mr. Hosfelt pointed to the results of a spring 2015 citizen survey of the first district he represents.

“A large majority were in favor of the current form of government …”

He added, “The last thing our police department needs is nine experts — council — dictating what they should and shouldn’t do.”

Looking elsewhere

Camden Police Department Chief William Bryson said he serves at the pleasure of, and reports to the mayor and council.

“My contract indicates the mayor is my first point of contact,” he said.

Many smaller towns have the same format, Chief Bryson said.

“However, some have a police commissioner, who is a member of council, and the chief reports to the commissioner,” he said.

There’s a potential pitfall to reporting to just one elected official, Chief Bryson believes. “The problem with reporting to and serving at the pleasure of one elected official can mean the one disagreement could cost the chief his job,” he said.

While describing his “good working relationship with town council” so far, Smyrna Police Department Chief Norman Wood said “with reporting to council one always has to convince at least four.”

Nearly seven months into his arrival in Delaware, Milford City Manager Eric Norenberg said he oversaw the police and fire departments in Oberlin, Ohio, while in the same position. He said all the city managers he knew in his native Ohio oversaw the police and fire operations, with similar systems prevalent in California and Arizona.

Now retired, Richard Carmean served as Milford Police Department Chief from 1973 to 1997 under the direction of city council.

“It worked fine for me,” he said. “I won’t say that I didn’t have head-butting contests with some council members and a couple of mayors.

“Yes, it’s not easy working for eight people but that’s government. My personality, and people who know me will back this up, is speaking to a group of people and trying to get a consensus among them is what I like to do.”

Mr. Carmean said the presence of a three-member committee of council members focused on the police department was critical to his efforts as a law enforcement officer.

“Any problems that came up were typically caused by elected officials who interfered with police operations,” Mr. Carmean said. “If you have a civilian who can pick up the phone and believe that he or she can start ordering you around, then it’s a concern. That’s why the committee was so important to serve as a type of go-between when things came up that needed to be addressed.”

City of Wilmington Mayor Dennis Williams pointed to the history of the Wilmington Police Department [being] led by a chief, who is appointed by the mayor.

“While the department falls under the mayor’s leadership,” he said, “City council is charged with holding the police department accountable for operation and management strategies.

“This is similar to the reporting structure at the state level, where Gov. Markell oversees the Department of Safety and Homeland Security which includes the State Police,” he said.

“This structure allows for checks and balances.”

DOVER — Two new officers with unique skill sets and specialized training have joined DNREC Fish & Wildlife Natural Resources Police.

Working with human partners AFC Josh Hudson and AFC Chelsea Allen, K-9s Rosco and River will be on the job, using their sensitive Labrador retriever noses to locate everything from discarded weapons to poached wildlife to lost children.

The two new K-9 teams graduated from the Maryland Natural Resources Police K-9 Academy on June 17 following an intensive 10-week training course, with certification in human tracking, evidence location and wildlife evidence tracking of deer and wild turkeys.

“Their training is scent-specific. If you hold up an article of clothing from, say, a lost or missing child, that’s what they will track, and what they will find,” said Lt. Casey Zolper, who oversees the Fish & Wildlife Natural Resources Police K9 program.

Josh Hudson and Roscoe, of DNREC Fish and Wildlife Natural Resources Police, will be based in Sussex County. (DNREC photo)

“They can dig up game that someone’s hidden when over-the-limit or taken out of season, or find illegal guns and ammunition that have been discarded by somebody breaking the law. Just seeing these dogs on duty is a great deterrent to potential violators.”

AFC Hudson began his law enforcement career as a seasonal officer eight years ago, becoming a full-time officer in 2012 and graduating from the police academy in 2013.

He brought Rosco home at 8 weeks old from a Felton kennel and was well into training him as a hunting dog when an opportunity to join law enforcement came up for the 2½ chocolate Lab.

“Our natural resources police section was looking for new K-9 officers,” AFC Hudson said. “Rosco tested, met their tough criteria and was accepted into the program.”

AFC Allen also worked as a seasonal officer before entering the police academy, graduating in 2014 and joining Fish & Wildlife Natural Resources Police as a full-time officer.

Her new partner, River, a black Lab, was donated to Fish & Wildlife’s K9 program by Bill Adams of Milford.

The team of Chelsea Allen and River, at left, will operate out of New Castle County. Josh Hudson and Roscoe, at right, will be based in Sussex County. (DNREC photo)

“I was very excited to hear the agency was looking for new K-9s — partnering on a K-9 unit is something I’ve always wanted to do,” said AFC Allen. “As soon as I met River, I knew she would make a great K-9 partner.”

The two new K-9 teams will walk in some big paw prints.

The Fish & Wildlife K-9 program began in 2006, when then-AFC Zolper was paired with K-9 Officer Warden — who proved his skills on a wide variety of cases, from search-and-rescue to natural resource cases to DNREC criminal cases as well as in assisting other police agencies.

He tracked all types of articles, people and wildlife, including illegally-taken doves, turkeys, ducks and deer.

Warden also helped locate marijuana growing in state wildlife areas, tracked missing and wanted persons and found key evidence in criminal cases that included firearms, ammunition and even a personal item related to an attempted homicide.

When not working in the field, Warden often served as Fish & Wildlife Natural Resources Police’s K-9 ambassador, demonstrating his unique skills at schools and attending statewide community events, which the new K-9 officers also have as their charge.

Warden died in 2014, just a few days shy of retirement at age 10.

“Following K-9 Warden’s distinguished service, we knew we wanted to continue the program,” said Chief Robert Legates, Fish & Wildlife Natural Resources Police. “We feel confident these two new K-9 teams will pick up the work Lt. Zolper and K-9 Warden did so well and provide the same outstanding level of service to the people and wildlife of Delaware.”

AFC Hudson and K-9 Rosco are based in Sussex County and AFC Allen and K-9 River are based in New Castle, but will respond as needed throughout the state.

In addition to handling DNREC natural resources police cases, the two K-9 teams also will be available to assist state, county and municipal police agencies.

DOVER — A 67-year-old Harrington man arrested on a seventh offense drunken driving charge on July 2 allegedly told police he had earlier consumed a pint of vodka and was talking to a friend on his cellphone while driving home, according to a probable cause affidavit.

Edward S. Palmer, of the 100 block of Jennese Lane, was initially seen driving a vehicle that made an abrupt right turn across U.S. 13 in the Walnut Shade Road area, an investigating Delaware State Police trooper claimed, and then traveled north on the roadway’s shoulder.

Edward S.
Palmer

The case involved Kent County’s fifth felony arrest on DUI charges in six days, also including:

• On July 2, Chad T. Wingo, 30, of the first block of Nugent Loop in Smyrna, was arrested on a fourth DUI of alcohol charge, and misdemeanor driver’s license suspended/revoked and speeding greater than 55 mph violation.

• On July 4, Naquan D. Bumbrey, 37, of the first block of Stevenson Drive in Dover, was charged with a fourth offense DUI felony and misdemeanor driver’s license suspended/revoked and insurance card charges. A possession of registration card violation charge was also issued.

• On July 4, Ryan Hall, 32, of the first block of Heritage Drive in Dover, was charged with third offense felony DUI of liquor/drugs, and misdemeanor possession of controlled substance with aggravating factor and possession of drug paraphernalia.

• On Thursday, Johnny R. Jones, 48, of the first block of Beagle Club Road in Felton, was charged with a fifth offense DUI and misdemeanor driver’s license suspended/revoked, insurance card and resisting arrest, and driver and passenger seatbelt violation.

An arrest detailed

A traffic stop was made after Mr. Palmer’s vehicle allegedly failed to come to a complete stop while making a right turn, police said.

“Upon contact [with Edward Palmer, name redacted] smelled a strong odor of alcohol as well as the driver to be acting oddly and slurring speech,” police wrote in the affidavit.

“I also observed him to be holding his cellphone in his hand and actively talking on the cellphone.”

Police said Mr. Palmer could not provide an insurance card or driver’s license after several moments of searching, and was found to have a revoked license due to previous DUI arrests.

During a field sobriety test, according to police, Mr. Palmer “provided six of the six clues indicating a person under the influence of alcohol.”

Police said Mr. Palmer was unable to count past the number 14 and said he could no longer keep his balance.

“[Mr. Palmer} then advised he was having trouble after completing the tests and that he would not be able to finish them,” the affidavit read.

After Mr. Palmer consented to a breath test, police said, he was allegedly found to have a .146-percent blood-alcohol content. He registered the same percentage during a later intoxilyzer test at Troop 3, police said.

Charges included seventh offense DUI, cellphone use, no valid license, no insurance card, failure to come to a complete stop and failure to drive in proper lane.

Mr. Palmer was given a $10,500 cash-only bond for the DUI and no valid license counts.

SMYRNA — Comments on Facebook may have partially fueled an alleged attempted murder last week, police said in court documents.

An investigating Smyrna Police Department detective said he was also told that a fight at a DOT Discount store precipitated several shots being fired in the late morning of July 1, which later brought the arrest of Steffen Forrest, 28, of the Mount Friendship Road in Smyrna.

Authorities said seven 9mm shell casings were found in the area of Providence Drive after a reported shooting just before 10:20 a.m.

Police said a suspect fired several rounds at a vehicle that had been blocked while driving away from a residence, along with two fleeing adults. No injuries were reported.

The vehicle sustained an estimated $1,200 in damage with bullet strikes to the grill, radiator, oil cooler and left front tire, according to an affidavit of probable cause.

The shooting came after a passenger emerged from a Cadillac Escalade and began firing, police said investigation found. The vehicle was allegedly driven by an relative of Mr. Forrest whose name was redacted in court documents.

According to authorities, Mr. Forrest had allegedly brawled with a person approximately an hour before the shooting, and engaged in another fight earlier in the week.

In court papers, a detective said he was told that “[a person] had a fight with [suspect] Forrest and beat him, so [suspect] Forrest came looking to kill him.”

Police said they monitored places Mr. Forrest was known to frequent after he was identified as a suspect, and he was taken into custody without incident in the area of Locust Street.

Charges included two counts each of first-degree attempted murder and first-degree reckless endangering, and single counts of first-degree conspiracy, possession of a firearm during the commission of a felony, possession of a firearm by person prohibited, and criminal mischief over $1,000.

Mr. Forrest was arraigned through Justice of the Justice of the Peace Court 7 in Dover and initially held at James T. Vaughn Correctional Center near Smyrna in lieu of $285,000 cash only bond.

Police said Mr. Forrest had three previous violent felony convictions in 2007 and 2010.

DOVER – Four to five dozen people temporarily blocked U.S. 13 (South DuPont Highway) Saturday evening, according to Dover Police.

At around 7 p.m. police was made aware of an organized march in support of the Black Lives Matter movement, Dover Police spokesman Master Cpl. Mark Hoffman said in a statement issued Saturday night.

About 40 to 60 people gathered on Water Street before walking north toward Martin Luther King Jr. Boulevard, according to police.  After circling the intersection, the group headed back toward Water Street.

They eventually walked into the southbound lanes of South DuPont Highway, Master Cpl. Hoffman said, blocking traffic in those lanes.

Dover Police responded to the nearest intersection at Martin Luther King Jr. Boulevard, shutting down the roadway to make sure motorists and demonstrators were not at risk of a traffic accident.

Police said the demonstrators then proceeded to block the northbound lanes at the same intersection, causing additional officers to shut down the intersection at Public Safety Boulevard.

Police kept the the section of highway closed for about 5 to 10 minutes as the crowd dissipated on its own.

The demonstrators cleared the area a short time later.

No arrests were made, Master Cpl. Hoffman said in the statement.

Smyrna Police Department is transitioning to a body camera that’s slightly smaller and lighter than the current devices. But, how helpful are the cameras to police — and citizens? (Submitted photo/Smyrna Police Department)

SMYRNA — For about 4½ months Delaware State Police have evaluated the merits of trooper-worn body cameras with an eye on permanent implementation.

The pilot program involves 25 trained troopers testing the capacity to record their actions with a self-activated device.

A check with the Smyrna Police Department would elicit rave reviews.

The municipal law enforcement agency in northernmost Kent County currently has approximately 17 cameras on the streets each day, with every patrol officer equipped with a device.

“The cameras have proved useful in countless situations from the most mundane to the most serious,” said spokesman Cpl. Brian Donner.

While the cameras are seen as significant additions to a crime fighter’s set of tools, “it hasn’t affected day-to-day police work whatsoever in the sense of how we operate,” Cpl. Donner said.

“We have always strived to provide the most professional police services to the community we serve. This mission has continued whether we’re wearing cameras or not.”

A camera’s value comes in the aftermath of an interaction, authorities said, and “the only thing that has changed has been the after the fact [including] the reviews of use of force incidents, the investigation of citizen complaints etc.,” Cpl. Donner said.

“Our supervisors and command staff now have nearly real time access to incidents when they occur. One of the main benefits of this is we can ascertain very quickly whether or not an incident/complaint/use of force requires follow up investigation.

“It eliminates some of the old school legwork required. With these cameras, when they are used properly, they often let the events speak for themselves absent any one person’s opinion or interpretation.

Besides Smyrna, six other police departments currently use the cameras, including New Castle County, Ocean View, Middletown, Smyrna, Bethany Beach, Delaware State University and the University of Delaware.

Concerns about control

While body cameras have been touted as increasing law enforcement’s transparency while holding an officer and citizen accountable for their actions, Kathleen MacRae, executive director of the ACLU of Delaware, is concerned that police control of the devices, in general, “makes use of the camera almost irrelevant.

“[An officer] can turn it on when he’s seen in a positive light and he could turn it off when he might be seen negatively in some way such as during a search or the wording he uses in a situation.

“Also, the policy does not allow civilian access to body cameras unless the police administration signs off on it. Police have complete control in what’s saved, deleted, and reviewed and an officer has the ability to turn it off in mid-encounter.”

Ms. MacRae believes an officer has too much discretion on when to turn a camera on, and believes that a default setting should assure that a camera remains on unless “there is a very specific reason why it should not be on” such as witness and informant protection, and domestic situations.

In addition, Ms. MacRae maintained, “There is no procedure for review of officers’ behavior or discipline when they don’t turn on a camera.”

The daily ongoing costs of operation can add up quickly, Ms. MacRae said.

“The more footage you save, the more expensive it is.”

Even though “people know they are being recorded,” Ms. MacRae said, “we just don’t know what information is being collected.”

The recordings begin

Smyrna Police Department’s camera program began in August 2012 to better document the actions of School Resource officers. The chief of police approved the addition with input from his staff and the SROs.

“Due to them being away from their vehicles and in a building for a majority of their contacts with the population they serve, these body worn cameras filled a void,” Cpl. Donner said.

“Whereas a traditional patrol officer had access to an in car camera equipped with a body worn microphone, the SROs did not have this so all of their contacts/enforcement action were not recorded pre-body cameras.”

Now, the most common camera is a rectangular shaped Watchguard brand HD device that’s approximately 4 inches tall, 2 inches wide and 2 inches deep, weighing less than a pound. Smyrna Police is transitioning to a slightly smaller, lighter Taser International brand Axon model.

While the “budget varies depending on our needs,” Cpl. Donner said grant funding over nearly four years have offset costs. Recently, Smyrna Police learned it would receive approximately $10,000 to upgrade to the Taser cameras.

The incoming money will cover roughly 65 percent “of the costs associated with the upgrade to the new model along with access to cloud storage for the new cameras,” Cpl. Donner said.

Citing strict adherence to policy and procedure regarding camera usage, Cpl. Donner said, “They are engaged in the vast majority of our contacts with any citizens.

“Our officers also have the discretion to activate them even in a situation where they are not required to if they so choose.

Easy to engage

The cameras are engaged by pressing a button.

“They are very reliable and have only become more so as time goes on and technology improves,” Cpl. Donner said.

A camera’s memory can store several hours of footage and Cpl. Donner said, “once this footage is uploaded to the storage server (Watchguard) or cloud (Taser) the device itself is empty and ready for new footage.”

The devices have received positive reviews from officers.

“Many were apprehensive at first, as cops tend to be with any new change,” Cpl. Donner said.

“Once we all got used to the technology and saw its benefits first hand we were sold on it. Nearly every officer here, if given the choice, would refuse to work without a camera on their body.”

Smyrna Police’s command staff manages uploaded video and storage, and daily maintenance of broken cameras “generally falls back on the manufacturer,” Cpl. Donner said.

Cpl. Donner stressed that “in most circumstances, officers who upload video have access to it for review, report writing and court purposes. An officer cannot delete a video but they can watch it.”

Great HD quality

An upgrade to HD cameras have made captured images “great” according to Cpl. Donner. However, occasionally in extreme low light situations the video quality can suffer.

There’s been little response to the cameras “one way or the other,” Cpl. Donner said.

“Many members of the public we interact with do not seem to notice the cameras. In certain instances it benefits the officer to remind the person they are interacting with that they are being filmed.

“There are also situations where according to policy, the officer must make the people being recorded aware of the camera.”

On a negative note, “like with any other technology we utilize, it can sometimes be fragile,” Cpl. Donner said.

“Nothing is perfect and technology is always evolving. Furthermore it is one more piece of equipment that we must wear day to day.

“In today’s policing it sometimes feels like we don’t have a single inch of our bodies that isn’t covered with some piece of equipment.”

When citizens point a camera at an officer in a lawful manner, Cpl. Donner said that’s OK.

“Although it does not occur every day, our officers do encounter situations where the public is recording them,” he said.

“We respect everyone’s rights to record us as long as it falls within the parameters of the law and is not in direct interference with any actions we need to take.”

Ocean View Police Chief Kenneth McLaughlin concurred.

“To date, we have had very few instances where officers are being filmed,” he said.

“Personally, I have no problem with anyone filming; however, when uninvolved parties distract and/or interrupt officers, it creates a safety hazard for all.

“As long as people respect the process and give the officer some space, it is OK by me.”

Ocean View’s view

While attending a National Law Enforcement Summit for Small, Rural and Tribal police departments in Tulsa, Oklahoma, in 2009, Chief McLaughlin was introduced to emerging technology of body-worn cameras.

Upon return to Delaware, Ocean View’s top cop purchased several MUVI micro cameras (less than $100 each) highlighted at the conference from the general budget and distributed them to some officers for testing and evaluation.

“The officers loved the cameras, and found them to be very useful in documenting arrests,” he said.

“The cameras were particularly helpful in documenting DUI investigations. Officers were able to dictate and record notes verbally, which made things safer at the scene and provided for more accurate reporting of the incident.”

The testing phase led to the purchase of cameras for each officer in 2010. Ocean View Police Department currently has 10 cameras — one for each officer and a spare.

According to Chief McLaughlin, there’s no annual budget for the cameras, which cost $900 and have up-front expenses only. Six cameras and a server upgrade to memory storage were covered by a grant from Sussex County, he said.

“The rest came from my non-capital budget line,” according to the chief. “The cameras are used regularly in a variety of situations, to include traffic stops, arrest situations, and other encounters.”

Official policies for the device’s use are in place, and the cameras are engaged by sliding the lens cover downward.

“Note that this sounds simple, but we have found that under stress, officers sometimes forget to activate the camera,” Chief McLaughlin said.

“As to reliability, that depends. They do function as advertised, however, there are many limitations associated with the technology.”

Data is stored and safeguarded using ViEVU proprietary software, Chief McLaughlin said.

Aids reporting, documentation

While the cameras have had no major affect on police work, the chief believes there’s a big plus.

“The biggest benefit is as an aid for report preparation and proper documentation of events,” he said.

“I would like to believe that the video has resulted in less cases going to trial, however, there is no research to support that belief.”

Ocean View officers “love the cameras and wear them voluntarily,” said Chief McLaughlin, who handles camera oversight and maintenance with the department captain.

While the “overall image of the cameras is good, the cameras are not equipped with low-light or other imaging enhancement features,” he said.

“Video is not HD quality.”

Public response has been positive and “local media has highlighted the use of the cameras and we are a small community; therefore, most everyone is aware that the officers are using cameras,” Chief McLaughlin said.

“My main beef with the cameras is lack of understanding on the part of the general public,” he said.

“Cameras in no way tell the whole story. Cameras can’t document things like perception, decision making and fear. Time (speed of an encounter) and distance can also be distorted.

“Imagine what it would be like if the referees at an NFL game only had one camera angle to view on a contested call?”

State police program

The Delaware State Police announced a pilot program for body worn cameras on Feb. 25, with 25 trained troopers throughout the state equipped with the device.

Authorities said the program was designed to analyze results of using the devices and their feasibility moving forward.

When announcing the program’s launch authorities said, “As body-worn video has become increasingly more important to our communities, the Delaware State Police has begun piloting body worn cameras.”

According to state police Superintendent Colonel Nathaniel McQueen Jr. in a news release, “Conducting a body-worn camera pilot project will provide the Delaware State Police with a great opportunity to evaluate the impact of body-worn cameras on Troopers and on the community.

“It will also provide an excellent opportunity to evaluate the different types of technology, evidence management, data storage available and to finalize a uniformed body-worn camera policy.

“The pilot program also will enable Delaware State Police to determine how best to implement a permanent body-worn camera program.”

A Delaware State News request for further information and a program update from the state police this week was unsuccessful.

Dover police continue to research body cameras use.

“We know that they will more than likely be implemented in the future,” spokesman Master Cpl. Mark Hoffman said.

Especially noteworthy is results that the Delaware State Police see with a “variety of models from several manufacturers,” Cpl. Hoffman said.

“Our decision will likely be based on those experiments. The two biggest issues are cost and storage — including space for storage servers if necessary.”

Eight-page manual

An eight-page policy manual on body warn cameras resulted from months of collaborative meetings between the Delaware Police Chiefs Council, Attorney Generals Office and Department of Safety and Homeland Security.

The policy included procedures for when and how to use the devices, when and how to store data, chain of command for oversight and restrictions for their use.

The policy manual was to be sent to all law enforcement agencies currently using body warn cameras, along with those considering adding them.

The measure announced publicly on June 29 came after state lawmakers passed House Concurrent Resolution 46 to create a uniform guidelines for the cameras.

Policy dictates that the cameras should be engaged in all situations where an arrest, detention or use of force is likely, along with at an officer’s discretion.

When the cameras are in use, according to policy, officers must tell persons they are being recorded if possible. Documentation is required regarding the use of the cameras, which can’t be used by officers off duty.

Also set were procedures on how to mark footage considered essential and possibly part of further proceedings in a matter. Data will be downloaded and secured within a recommended 96 hours.

‘Restore trust’ in police

Describing body cameras as a “win-win” when policies are enforced, Citizens For Criminal Justice founder Ken Abraham supported their use in police work.

“They will benefit the public and law enforcement in an intangible but very real way, by helping to restore trust in our police,” he said. “It will deter police misconduct.

“In recent years, some ‘bad apples’ have destroyed the public’s faith and trust in police; with cameras we can see ‘it really did happen just as the officer said it did.’ “

Mr. Abraham believes the cameras have significant benefits for how law enforcement operates.

“They will aid police in several ways, not the least of which is by preserving an actual view of what occurred, which can be used as evidence, or to ID suspects,” he said.

“They also will deter some people from assaulting police or engaging in other illegal conduct, because they know they are being filmed.”

Public safety will be enhanced, Mr. Abraham maintained, and there’s a financial benefit body cameras as well.

“It will reduce crime, and police body cameras will save taxpayers millions of dollars which many do not even realize they are paying: the cost of litigation filed by those claiming police abuse.

“With cameras, we will see a decline in those cases, and that is real money… the public pays for the attorneys (for the police, and sometimes for the claimant), the courts, and everyone involved when those cases are filed.

“This savings alone will more than offset costs associated with the cameras.”

Also, Mr. Abraham said, “The tragic and senseless slaying of five innocent police officers in Dallas is the kind of violence which body cameras, in the long run, will reduce.

“Those shootings almost certainly were a reaction to a couple of recent shootings by police, widely publicized. The body cameras, once widely deployed, will lessen all of this violence.”