Prosecutors within the Delaware Department of Justice recently obtained significant convictions and sentences.

Deputy Attorneys General Ipek Medford and Steve Wood secured two sentences of life without parole, plus five years for 28-year-old Dwight Smith of Wilmington, in connection to a 2011 rape and murder. In December 2011, 65-year-old Marsha Lee of Wilmington was reported missing after her dog returned without her from a morning walk in her neighborhood. Witness told police they heard a woman screaming and saw the driver of a red Hummer SUV put something into his vehicle. Later that day police in Wilmington stopped Smith, who was driving an SUV matching the vehicle’s description. Smith pled guilty but mentally ill to First Degree Murder, First Degree Rape, and Possession of a Deadly Weapon During the Commission of a Felony.

A 21-year-old Wilmington man will spend 44 years in prison after being sentenced this morning in New Castle County Superior Court. Deputy Attorneys General Mark Denney and Caterina Gatto secured the sentence for Jermaine Booker, who was convicted in January of Assault First Degree, Home Invasion, Robbery First Degree, Possession of a Deadly Weapon During the Commission of a Felony, Burglary Second Degree, and Misdemeanor Theft. Booker brutally beat a woman in the garage of her home in the 100 block of Cambridge Drive, in Windsor Hills in January 2014. Booker was arrested two days later when police stopped the victim’s car in Newark, New Jersey. The license plate on the vehicle was stolen from the home of a neighbor of the victim, and contained one of Booker’s fingerprints. The breakdown of the sentence is 25 years (maximum) for Assault First Degree, 6 years for Home Invasion, 5 years for Robbery First Degree, 5 years for Possession of a Deadly Weapon During the Commission of a Felony, 3 years for Burglary Second. In addition, Judge Charles Butler made a special condition, stating on the anniversary of the attack, for the next 20 years, Booker will be placed in solitary confinement as a reminder of the violence he inflicted on the victim.

Deputy Attorney General Casey Ewart secured a guilty plea and 13-year prison sentence for a 2015 bank robbery in Rehoboth Beach. Mark Smith, 28, of Ellendale pled guilty to Robbery 1st and Conspiracy 2nd in connection with the holdup of the Capitol One Bank in the Rehoboth Mall on Old Landing Road. Smith masterminded the heist, and drove the get-away vehicle after his brother Lamar handed a teller a note implying he was armed and demanding cash. Mark Smith was sentenced to 10 years in prison as a habitual offender for the conspiracy charge. For the robbery, he was sentenced to 20 years at Level V, suspended after 3 years for 1year Level IV, followed by 5 years of Level III probation. Lamar Smith pled guilty in October 2015, and is currently serving a five-year prison sentence.

Deputy Attorney General Casey Ewart resolved a case involving Lee Harper, 31, of Trappe, Maryland, who pled to Possession of a Firearm During the Commission of a Felony, two counts of Reckless Endangering, Endangering the Welfare of a Child, and Driving Under the Influence. After a night of drinking in August 2015, Harper fired a shotgun into the door of a home in the 200 block of West 8th Street in Laurel. Harper’s girlfriend is the former girlfriend of the male resident of the home. Harper was sentenced to 3 years in prison and the successful completion of the Key Program, followed by two years Level III probation.

Deputy Attorney General Renee Hrivnak secured a plea from Christopher Szymanski, 45, of Wilmington, to charges of Felony Theft, Theft from a Senior, Forgery 2nd, and Crime Against a Vulnerable Adult. Throughout the spring and summer of 2015, Szymanski stole and forged checks from his mother and developmentally disabled brother. Szymanski is scheduled for sentencing in June.

Captain, crew members rescued from Delaware Bay without injuries

PORT MAHON – DNREC Division of Fish & Wildlife Natural Resources Police are investigating an accident in which a commercial crabbing vessel capsized Thursday afternoon after it was swamped by high waves in rough waters off Port Mahon east of Dover in the Delaware Bay.

The vessel’s 34-year-old captain from Townsend and two crew members – a 38-year-old Townsend man and a 50-year-old man from Dover – were located clinging to the overturned crab boat after spending several hours in the water. All three were rescued by Little Creek Volunteer Fire Company with no injuries reported. The vessel was righted and towed to dock by the Leipsic Volunteer Fire Company.

In addition to Fish & Wildlife Natural Resources Police officers and marine units from the Little Creek and Leipsic fire companies, responders included the Bowers Beach Fire Company marine unit and the Delaware State Police Aviation Unit.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Media Contacts: Sgt. John McDerby, Division of Fish & Wildlife Enforcement Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 159

-EVENT POSTPONED-

(DOVER, Del.—April 29, 2016)—Due to unforeseen circumstances, the presentation “Post Cards of the Past,” originally scheduled for Sunday, May 1, 2016 at The Old State House in Dover, Del., has been postponed. The event will be rescheduled in the near future.

Following is information on the original event:

Sunday, May 1, 2016
“Post Cards of the Past.” Bill Burton gives visitors a chance to revisit “Old Dover” through his amazing collection of old Kent County postcards. The Old State House, 25 The Green, Dover. Program 2 p.m. Museum open 1:30 p.m.-4:30 p.m. Free admission but, due to space restrictions, reservations are required by calling 302-744-5054.

-End-

Contact:
Jim Yurasek
Delaware Division of Historical and Cultural Affairs
Phone: 302-736-7413
E-mail: Jim.Yurasek@delaware.gov
Web: http://history.delaware.gov

Reminder for the week: Recreational crabbers should review rules before crabbing

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC Division of Fish & Wildlife Natural Resources Police officers between April 18-24 made 1,392 contacts with anglers, boaters, hunters and the general public, including 115 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 32 complaints and issued 22 citations, six of which were related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

Incidents of note:

• On April 21, Fish & Wildlife Natural Resources Police cited Shawn Lee, 45, of Franklinsville, N.J., for one count of possession of undersized striped bass near Delaware City. Lee was issued a $165 fine, including court costs. The seized striped bass was donated to the Ministry of Caring Food Kitchen in Wilmington.
• On April 19, following an investigation, Fish & Wildlife Natural Resources Police arrested Willis C. Hand, 61, of Dover, and charged him with failure to maintain a proper lookout while operating a commercial vessel in connection with a March 10 boating accident on the Murderkill River near Bowers Beach. Hand was arraigned in Justice of the Peace Court 7 in Dover and released on $100 unsecured bond pending a court appearance at a later date.
• On April 18, Fish & Wildlife Natural Resources Police cited James K. Evans, 51, of Millsboro, for illegal sale of blue crabs without a commercial license near Harbeson. Evans was issued a $107 fine, including court costs.

Citations issued by category, with the number of charges in parentheses, included:

Fisheries Conservation: Unlicensed fishing (13), possession of undersized white perch (1)*, possession of undersized striped bass (1), illegal use of cast net in tidal water within 300 feet of a dam or spillway (1), possession of undersized blue crabs (1), and illegal sale of blue crabs without a commercial license (1).

Boating and Boating Safety: Failure to maintain a proper lookout while operating a vessel (1), operating an unregistered vessel (1), no boating safety certificate (1), and no tidal/non-tidal boat ramp certificate (1).

* Citation issued at the C&D Canal Conservation Area, plus five citations for unlicensed fishing.

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind recreational crabbers to review state regulations governing blue crabs, including the required use of a turtle by-catch reduction device in recreational crab pots.

A turtle by-catch reduction device is attached in the funnel entrance of a recreational crab pot to reduce the possibility of diamondback terrapins entering the pots and drowning. The device is a rigid metal or plastic rectangular frame that measures 1.75 inches by 4.75 inches. By-catch devices are available at local tackle shops or may be handmade of heavy wire. Directions to install a by-catch reduction device are available online at Turtle Excluder.

Other Delaware crabbing regulations include:

• A Delaware recreational fishing license is required for crabbing.
• The recreational daily limit on blue crabs is one bushel per person.
• Minimum “keeper” size for male blue crabs and immature female crabs with the V-shaped apron is 5 inches, measured across the shell from point to point.
• Mature female crabs, identified by the U-shaped apron, are exempt from the minimum size of 5 inches because many females reach maturity at a smaller size.
• Mature female blue crabs bearing eggs, known as sponge crabs and recognizable by the orange eggs visible under the apron, may not be taken and must be returned to the water immediately.
• Recreational crabbers may use any number of single, baited hand lines, trot lines (a longer weighted line with a series of baited points) or pull traps. Standard size and possession limits as noted above apply.
• Recreational crabbers may not use, place, set or tend more than two crab pots.
• Recreational crab pots must be tended by the owner at least once every 72 hours and must be marked with white buoys with the owner’s name and permanent mailing address.
• Recreational crabbers are prohibited from selling blue crabs; only commercially-licensed crabbers are permitted to offer blue crabs for sale in Delaware.
• Fishing or crabbing off courtesy docks at state-owned boat ramps is prohibited.
• To avoid being cited for littering, gather up leftover bait, bait containers, crab lines and other trash for proper disposal. Fish & Wildlife fishing areas and wildlife areas are “carry in, carry out” for trash.

For more information on individual wildlife areas, including the rules and regulations specific to each, visitors are encouraged to check out Delaware wildlife area maps, which are available in hard copy at DNREC’s Dover licensing desk and online at Delaware Wildlife Area Maps.

Delaware fishing licenses are sold online, at the licensing desk in DNREC’s Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901, and by license agents statewide. To find a participating agent, or to purchase a license online, visit Delaware Licenses. For additional information on Delaware fishing licenses, call 302-739-9918.

For more information on crabbing in Delaware, click on 2016 Delaware Fishing Guide. The guide also is available in printed form at DNREC’s Dover licensing desk, and from license agents throughout the state.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Media Contacts: Sgt. John McDerby, DNREC Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 156

Each year, Delaware celebrates the last Friday in April as “Arbor Day,” an occasion to plant trees and spotlight the numerous natural benefits that trees provide. First established in the United States by J. Sterling Morton in 1872 (almost a hundred years before Earth Day was introduced), an estimated one million trees were planted in Nebraska on the very first Arbor Day. Arbor Day observances are also an integral part of community recognition programs such as Tree Campus USA, Tree City USA, and Delaware’s Tree Friendly Community Award, as well as qualifying for a financial award from the Urban Grant Program.

The Delaware Forest Service sponsors an annual Arbor Day School Poster Contest for Delaware schoolchildren in grades K to 5 for all public, private, home, and charter schools. The winners receive a tree planting at their school, a gift card, a tree-themed book, and an invitation for them and their family to attend the State Arbor Day event with Governor Markell on May 12.  Click here to see (high-resolution) images of the 2016 Arbor Day Poster Contest Winners.

For more information, contact Ashley Peebles, 302-698-4551 or Ashley.Peebles@delaware.gov.