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Man Who Pulled Gun on Police Faces Up to 51 Years in Prison

Criminal Division | Department of Justice | Department of Justice Press Releases | Date Posted: Friday, June 2, 2017



Others face prison time for child pornography, weapons, and DUI charges.

A Superior Court jury convicted a 20-year-old Wilmington man who ran from police and then pulled a gun on an officer. Deputy Attorneys General Timothy Maguire and John Taylor obtained the conviction on charges of Possession of a Firearm by a Person Prohibited, Possession of Ammunition by a Person Prohibited, Possession of a Firearm During the Commission of a Felony, Carrying a Concealed Deadly Weapon, and felony-level Resisting Arrest against Theodore Smallwood. In November 2016, police on patrol in the 600 block of West 6th Street in Wilmington noticed a group of young men standing in front of a home where two “No Loitering” signs were posted. The men ran as police approached, but officers caught up to Smallwood a few blocks away. While struggling with an officer, Smallwood took a loaded 9mm handgun from his waistband. He was a person prohibited based on a prior drug charge. The officer was able to force Smallwood to drop the gun and take him into custody. Smallwood faces at least 3 to 51 years in prison when sentenced by a Superior Court judge in July.

A 30-year-old Wilmington man pled guilty to charges relating to child pornography. Deputy Attorney General Periann Doko secured the plea from Timothy Conk to two counts of Dealing in Child Pornography, two counts of Possession Child Pornography and one count of Sexual Solicitation of a Minor in New Castle County Superior Court. In February 2016, Conk hacked and took over the Facebook account of a 14-year-old female, and while posing as a juvenile, used the account to solicit nude images from other juveniles. Conk faces 4 to 71 years in prison when sentenced by a Superior Court judge in July.

A Superior Court jury convicted John Tucker, 26, of Wilmington of Assault First Degree, Possession of a Deadly Weapon During the Commission of a Felony and Conspiracy Second Degree. In September 2016, Tucker assaulted another man in an alley behind the unit block of East 31st Street in Wilmington, by punching him and beating him with parts of a charcoal grill. The victim was in a coma for nearly four months following the brutal assault. Tucker faces 4 to 52 years in prison when sentenced by a Superior Court judge in September. Deputy Attorneys General Allison Abessinio and Erika Flaschner prosecuted the case.

A 64-year-old Elkton, MD man faces prison time for his 5th DUI conviction. Deputy Attorney General Tianna Bethune obtained the conviction against Jan Hayes in a jury trial in New Castle County Superior Court. In September 2016, a 9-1-1 caller following Hayes informed police that Hayes swerved and crossed the center line of New London Road in Newark several times. The caller also said Hayes almost struck several vehicles that were traveling in the opposite lane of traffic, and then turned onto Country Club Drive, again almost striking a vehicle at the intersection. Hayes stopped his car parking haphazardly at the curb in front of a liquor store in the Fairfield Shopping Center. Hayes faces 3 to 5 years in prison and a fine of up to $10,000 when sentenced by a judge in August.

A 39-year-old Newark man, barred from having a gun because of previous felony convictions, was sentenced to 15 years in prison. A Superior Court jury convicted Terrance Everett in February of Possession of a Firearm by a Person Prohibited. In November 2015, Everett was arrested after New Castle County Police officers executed a search warrant in a home where he was staying in the Four Seasons community, and found a 9mm semi-automatic handgun. Deputy Attorney General Matthew Frawley and Attorney General Matt Denn prosecuted the case.

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Man Who Pulled Gun on Police Faces Up to 51 Years in Prison

Criminal Division | Department of Justice | Department of Justice Press Releases | Date Posted: Friday, June 2, 2017



Others face prison time for child pornography, weapons, and DUI charges.

A Superior Court jury convicted a 20-year-old Wilmington man who ran from police and then pulled a gun on an officer. Deputy Attorneys General Timothy Maguire and John Taylor obtained the conviction on charges of Possession of a Firearm by a Person Prohibited, Possession of Ammunition by a Person Prohibited, Possession of a Firearm During the Commission of a Felony, Carrying a Concealed Deadly Weapon, and felony-level Resisting Arrest against Theodore Smallwood. In November 2016, police on patrol in the 600 block of West 6th Street in Wilmington noticed a group of young men standing in front of a home where two “No Loitering” signs were posted. The men ran as police approached, but officers caught up to Smallwood a few blocks away. While struggling with an officer, Smallwood took a loaded 9mm handgun from his waistband. He was a person prohibited based on a prior drug charge. The officer was able to force Smallwood to drop the gun and take him into custody. Smallwood faces at least 3 to 51 years in prison when sentenced by a Superior Court judge in July.

A 30-year-old Wilmington man pled guilty to charges relating to child pornography. Deputy Attorney General Periann Doko secured the plea from Timothy Conk to two counts of Dealing in Child Pornography, two counts of Possession Child Pornography and one count of Sexual Solicitation of a Minor in New Castle County Superior Court. In February 2016, Conk hacked and took over the Facebook account of a 14-year-old female, and while posing as a juvenile, used the account to solicit nude images from other juveniles. Conk faces 4 to 71 years in prison when sentenced by a Superior Court judge in July.

A Superior Court jury convicted John Tucker, 26, of Wilmington of Assault First Degree, Possession of a Deadly Weapon During the Commission of a Felony and Conspiracy Second Degree. In September 2016, Tucker assaulted another man in an alley behind the unit block of East 31st Street in Wilmington, by punching him and beating him with parts of a charcoal grill. The victim was in a coma for nearly four months following the brutal assault. Tucker faces 4 to 52 years in prison when sentenced by a Superior Court judge in September. Deputy Attorneys General Allison Abessinio and Erika Flaschner prosecuted the case.

A 64-year-old Elkton, MD man faces prison time for his 5th DUI conviction. Deputy Attorney General Tianna Bethune obtained the conviction against Jan Hayes in a jury trial in New Castle County Superior Court. In September 2016, a 9-1-1 caller following Hayes informed police that Hayes swerved and crossed the center line of New London Road in Newark several times. The caller also said Hayes almost struck several vehicles that were traveling in the opposite lane of traffic, and then turned onto Country Club Drive, again almost striking a vehicle at the intersection. Hayes stopped his car parking haphazardly at the curb in front of a liquor store in the Fairfield Shopping Center. Hayes faces 3 to 5 years in prison and a fine of up to $10,000 when sentenced by a judge in August.

A 39-year-old Newark man, barred from having a gun because of previous felony convictions, was sentenced to 15 years in prison. A Superior Court jury convicted Terrance Everett in February of Possession of a Firearm by a Person Prohibited. In November 2015, Everett was arrested after New Castle County Police officers executed a search warrant in a home where he was staying in the Four Seasons community, and found a 9mm semi-automatic handgun. Deputy Attorney General Matthew Frawley and Attorney General Matt Denn prosecuted the case.

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