Division of Civil Rights & Public Trust releases supplemental McDole report

Report addresses firearm, claims of new evidence

The Department of Justice’s Division of Civil Rights & Public Trust (DCRPT) released Tuesday a supplemental report regarding the September 23, 2015 police shooting of Jeremy McDole.

After the DOJ was presented in June with claims of new evidence and concerns about the validity of firearms evidence cited in the original May 12, 2016 report, Attorney General Kathy Jennings instructed DCRPT to review the entire case as well as any new evidence.

The 9-page report details reviews of evidence cited in the 2016 report as well as the following:

  • McDole’s DNA was found on the firearm collected at the scene
  • Gunshot residue – consistent with someone firing a gun – was found on McDole’s right palm and right sleeve, consistent with multiple witness reports that they heard either gunshots or fireworks before police arrived
  • DCRPT’s months-long effort to follow up on claims that a new civilian witness had come forward, including subpoenas issued when the witness was unresponsive to DCRPT’s outreach
  • Publication of a toxicology report for McDole’s blood, completed on November 4, 2015, showing a heavy presence of PCP

Based on all available evidence, the report does not find cause to doubt evidence cited in the 2016 report or to change charging decisions.

“DCRPT got to work as soon as we were presented with questions about the 2016 report,” said Attorney General Jennings. “I continue to take the utmost pride in their work, their sense of urgency, and their professionalism. But I also know how heavily this case has weighed on many Delawareans – and especially on the McDole family, whose tribulations have been public and heartbreaking, and who I am grateful to know are surrounded by a supportive community.

“The findings detailed in this report are thorough and unambiguous and I thank DCRPT for their diligence. Charging decisions under the laws at the time have not changed. Neither has our resolve for reform. We cannot undo the tragedies of the past, but we can work to prevent them from reoccurring. I will continue to advocate for the establishment of a Statewide Civilian Review Board with subpoena power, mandatory statewide participation in a Do Not Hire Database, and the codification of an objective use of force standard.”