A member of the STK (Shoot to Kill) gang faces a minimum of 28 years in prison after his conviction for the 2017 murder of a rival gang member. Deputy Attorneys Daniel McBride and Michael DegliObizzi secured the conviction of 20-year-old Dai’yann Wharton in a bench trial in Superior Court. In March 2017, Wharton killed 18-year-old Yaseem Powell of Wilmington, with a gunshot to the head while Powell was on the 2300 block of North Claymont Street. Powell was a member of STK’s rival gang, OMB (Only My Brothers). Detective Robert Fox of the Wilmington Police Department led the investigation. A Superior Court judge found Wharton guilty of Murder First Degree, Conspiracy First Degree, Possession of a Firearm By a Person Prohibited (Juvenile), Possession of a Firearm During the Commission of a Felony, and Carrying a Concealed Deadly Weapon. Powell, who was 17 years old at the time of the murder, faces 28 years to life in prison when sentenced later this year.

A Wilmington couple was sentenced to 35 years in prison for the 2018 murder of a 15-month-old Chosen Smith. Tameke Wright, 24, and Lavar Harris, 38, were babysitting the child in February 2018 when they took the child to the hospital saying he had fallen off of a futon. The child died moments later and an examination showed extensive bruising and abusive head injuries, including a fractured skull. Wright and Harris pleaded guilty in January to Murder by Abuse First Degree. A Superior Court judge sentenced them each to 35 years in prison, followed by 6 months of either home confinement or work release, then 18 months of probation. They will also spend every February 16th, the anniversary of the child’s death, in solitary confinement. Deputy Attorneys General James Kriner and Diana Dunn prosecuted the case with the assistance of administrative assistants Chrissy Schenck and Monica Walker, paralegal Jayna Quillen and victim services specialist Bettina Jones. Detective Devon Jones of the Wilmington Police Homicide Unit was the chief investigating officer.

The Delaware Department of Justice has filed suit against the developer of The Villages of Noble’s Pond, an 879-lot “55-plus” community in Kent County, for numerous violations of the Consumer Fraud Act, the Deceptive Trade Practices Act, and other Delaware laws protecting consumers against unlawful and predatory behavior.

Attorney General Kathy Jennings announced the filing of the civil complaint in the Court of Chancery, which charges the developer, Regal Builders, LLC, its president, Harry Miller, and related entities with making misleading and deceptive statements in its advertising to prospective homebuyers, and failing to provide disclosures required to prospective home purchasers under Delaware law.

According to the complaint, Regal Builders requires home buyers to agree to deed restrictions that contain confusing and unintelligible provisions, misrepresent and omit material facts, and include impermissible terms and conditions, all in violation of Delaware law.  The complaint also alleges that the developer violated Delaware law by forcing residents to buy telecommunications and propane services through companies owned by the developer, often at a substantial markup.  Finally, the complaint alleges that Regal Builders falsely portrays the community’s clubhouse as a community amenity, when, in fact, the clubhouse is privately owned and residents cannot participate in its management.

“My office initiated its investigation after receiving dozens of complaints from homeowners, many of them seniors, who did not receive what had been advertised to them when they were purchasing their homes,” Attorney General Jennings said. “When a developer engages in such wide scale conduct to take advantage of homebuyers, that is the time for legal action by our department on behalf of consumers. The purchase of a home is often the most consequential financial decision one can make; Delawareans should be able to choose their future residence without fear that a developer is misleading them about the community in which they will live.”

The State asks the Court of Chancery to halt Regal Builders’ deceptive advertising and sale practices, compel the company to provide all statutorily-mandated disclosure to prospective homebuyers, and remove confusing and unlawful provisions from the community’s deed restrictions.  The complaint also asks that homeowners be allowed to have meaningful choices in utility service providers, that the developer be prohibited from collecting certain clubhouse fees so long as the clubhouse remains privately owned, and that the Court award restitution and civil penalties.

In addition to Regal Builders and Harry D. Miller III, the complaint names Galaxy Networks, LLC, County Propane of Delmarva, LLC, and a variety of other entities Miller owns, manages, or controls, as defendants.

A copy of the complaint is available here.

This matter is being handled for Attorney General Jennings’ Consumer Protection Unit by Deputy Attorneys General David Weinstein and Michael Clarke, Special Investigator Robert E. Schreiber, Jr., and Paralegal Angela L. Williams.  Common Interest Community Ombudsman Christopher J. Curtin also provided substantial assistance.

 On May 14, 2019 Senate Bill 7 was signed by Governor John Carney which formally creates the Delaware Population Consortium (DPC). The DPC has prepared, without formal designation, a unified set of statewide population projections annually since 1975. This new legislation formalizes the DPC, identifies its membership and work products, and requires that all counties, municipalities, school districts, and State agencies use the DPC projections for planning and policy purposes.

Having one authoritative set of demographic and population projections for Delaware is vital to efficient and effective land use planning, economic development, school planning and other state functions. This legislation is an important implementation measure from Governor Carney’s Government Efficiency & Accountability Review (GEAR) initiative. It will ensure that all State, county and local agencies are using one mutually agreed upon set of population projections and as such encourage efficiency and transparency in government.

WILMINGTON – Officers from the Delaware Division of Public Health (DPH) Office of Animal Welfare (OAW) arrested a Wilmington man following an incident involving the death of a dog left in a hot vehicle. Officers arrested the dog’s owner, 41-year-old Lamonte Jordan on Tuesday, June 25, 2019. Jordan was charged with two counts of cruelty to animals, two counts of failure to vaccinate for rabies and two counts of failure to obtain a dog license. He was released on $4,500 unsecured bail.

The OAW Delaware Animal Services (DAS) unit, which enforces statewide animal control and cruelty laws, responded to a report of two dogs left in a hot vehicle Tuesday. Upon arrival, the officers found one dog muzzled and tethered inside of a makeshift crate in the vehicle, and a second dog that was deceased. The officers’ investigation revealed that the animals had been in the car for an extended period of time. Officers seized the surviving dog, which is being held pending the outcome of the cruelty investigation.

OAW reminds dog owners that it is illegal and unsafe to leave dogs in a car on a hot day. The temperatures inside a car can quickly rise, putting the dog at risk of heatstroke and death.

“This situation is entirely preventable,” said OAW Director Christina Motoyoshi. “Despite efforts to educate the public about the dangers of hot temperatures in regards to our pets, individuals still leave their dogs in hot cars. Dogs should not be left in any vehicle for any amount of time in the summer. OAW will have no tolerance for this offense, and law enforcement action will be taken.”

Individuals who observe a dog left in a car and cannot locate the owner should call Delaware Animal Services at 302-255-4646 or call 9-1-1 immediately. It is illegal for anyone besides first responders to break a vehicle’s windows to free an animal.

According to the American Veterinary Medical Association (AVMA), the interior of a vehicle can reach 89 degrees in just 10 minutes when the temperature outside is just 70 degrees. On an 85-degree day, the temperature inside a car can rise to approximately 119 degrees in 30 minutes. Temperatures will continue to rise inside a vehicle, and the AVMA states that cracking windows does little to help.

Animals at the greatest risk of stress from the heat include pregnant or lactating animals, very young and older animals, animals with darker coats, obese pets, short-nosed dog breeds, and animals with chronic health conditions. Signs of heat stress can include panting, increased salivation, restlessness, muscle spasms, increased heartbeat and body temperature, weakness, lack of coordination, bright red or pale and sticky gums, vomiting, diarrhea and depression.
Pet owners should take these additional steps to protect their animals during excessive heat in the summer months:

• Animals should have access to shade and water when outside: The best place for pets in hot temperatures is inside the home. If a pet must be outside in the heat, make sure the animal has a shady area and fresh water to help stay cool. The interiors of cat and dog houses can get very hot in summer months and, therefore, do not provide adequate shade.

• Practice caution when walking dogs in the heat: The best time of day to walk dogs in summer months is in the early morning or late evening when the sun’s heat is not as intense. A simple touch of the hand to any surface where a walk is planned will tell if it’s too hot for a dog. If it’s too hot for a human hand, it’s too hot for a dog’s paws.

• Pay attention to signs of heat stroke: Just like humans, dogs are susceptible to heat stroke in high temperatures, especially if there is increased activity or little ventilation. A dog that is drooling and panting due to heat can quickly progress to a heat stroke, which can be life-threatening. Immediate veterinary attention is suggested for dogs that have become over-heated.

For more information, visit https://animalservices.delaware.gov/ or https://www.avma.org/public/PetCare/Pages/Hot-Cars-and-Loose-Pets.aspx.

A person who is deaf, hard-of-hearing, deaf-blind or speech-disabled can call the DPH phone number above by using TTY services. Dial 7-1-1 or 800-232-5460 to type your conversation to a relay operator, who reads your conversation to a hearing person at DPH. The relay operator types the hearing person’s spoken words back to the TTY user. To learn more about TTY availability in Delaware, visit http://delawarerelay.com.

The Delaware Department of Health and Social Services is committed to improving the quality of the lives of Delaware’s citizens by promoting health and well-being, fostering self-sufficiency, and protecting vulnerable populations. DPH, a division of DHSS, urges Delawareans to make healthier choices with the 5-2-1 Almost None campaign: eat 5 or more fruits and vegetables each day, have no more than 2 hours of recreational screen time each day (includes TV, computer, gaming), get 1 or more hours of physical activity each day, and drink almost no sugary beverages.

The Delaware Department of Education has released the Delaware Literacy Plan, a framework that outlines strategies to improve the literacy proficiency of Delaware students.

The work of the plan is focused on four strategic intents:

• Align Core Instruction to the Standards
• Implement Curriculum using High Quality Instructional Materials (HQIM)
• Enhance Early Literacy Instruction
• Support Educators through Institutes of Higher Education (IHEs)

Key activities within these strategic intents are provided for teachers, school leaders and partners with family resources included in each area. Additional educator and family resources to support children’s literacy are available on the department’s website here.

“Students spend their earliest years learning to read. They need strong literacy skills to absorb information in math, science, social studies, the arts, and every other subject. Having a strong literacy foundation is crucial for Delaware children’s success in school and life,” Secretary of Education Susan Bunting said. “That is why improving third-grade literacy has been a key education initiative of Governor John Carney since before he took office. Recognizing how critical literacy skills are for our young learners, he has directed focus and resources to this work.”

The plan is the result of the work of a 37-member committee, which included representatives from early childhood, K12, higher education and nonprofit organizations. The goal is to unite stakeholders across schools and the public/private sector to better focus on and meet students’ literacy needs.

“That is why educators, families, policymakers and community and nonprofit partners must collaborate if we are going to successfully support our children’s literacy growth. The state’s students cannot afford to have our efforts be well-meaning but disjointed. I am excited this plan provides clear opportunities for us to work together in a coordinated manner,” Bunting said.