A Delaware State Trooper has been charged with multiple felonies, including Delaware’s first-ever use of a new Deprivation of Civil Rights statute passed by lawmakers last year, for brutally assaulting a 15-year-old victim and fracturing his orbital socket in response to an apparent prank.  The Trooper is suspended without pay.

“As a mother and grandmother, the footage in this case is hard to watch. As a prosecutor, the constitutional violations are stunning,” said Attorney General Kathy Jennings. “Over the course of the evening, the Defendant chose to extract his own form of personal justice by embarking on a violent rampage, assaulting two defenseless minors, and attempting to conceal his misconduct. He will now face criminal consequences for his actions.

“I’m grateful to our prosecutors and investigators, who have worked quickly and thoroughly on this case despite limited resources, and to the Delaware State Police, who have consistently reported officer misconduct and who helped our office bring a strong case to a grand jury quickly.”

“Delaware State Troopers are sworn to uphold the highest standards of justice and integrity,” said Superintendent of the Delaware State Police, Colonel Melissa A. Zebley. “At the Delaware State Police (DSP), we take this responsibility seriously, not only through our policies for handling and investigating all complaints of misconduct, but through our extensive training. When Dempsey Walters’ actions were uncovered through a DSP internal body-worn camera review, we immediately suspended him and initiated a criminal investigation. Since then, we have been working tirelessly with the Delaware Attorney General’s office to pursue justice. This indictment is a stark reminder that all citizens of this great state will be held accountable for their actions. Ensuring public safety and continuing to rebuild trust are our top priorities, and we are committed to achieving them no matter how long it takes. As a valued member of our community, I want to assure you that the DSP will always strive to honor our oath, no matter the circumstances.”

On August 17, Trooper Dempsey Walters, 29, was off duty and returning to his residence in Elsmere’s Lancaster Village when he made contact with a 17-year-old minor (Victim One). The two engaged in a verbal altercation and Walters contacted Elsmere Police Department; two officers responded and transported Victim One to his home on Taft Avenue. He was turned over to his mother and was not arrested. The following day, Walters looked up the juvenile on DELJIS, a controlled-access law enforcement database. 

On the evening of August 21, Walters was on duty when a 15-year-old minor (Victim Two) was with three friends — none of whom were Victim One — in Lancaster Village walking past Walters’ residence. Victim Two and his friends decided to play a prank: Victim Two ran up to Walters’ house and, covering his face, kicked the door and ran off. (See: Doorbell video) Walters’ girlfriend called him, gave him a description of Victim Two, and informed him that Victim Two and his friends had fled. Walters drove to his neighborhood and, en route, called DSP troopers and other police departments for assistance.

Back in his neighborhood and searching for the minors, Walters was informed by a witness that several juveniles had just run down Taft Avenue.  Walters drove to Taft Avenue, where he met two Newport police officers who had responded to assist DSP.  Walters once again looked up Victim One in DELJIS—revealing his address on Taft Avenue—and went to his house with the Newport police officers. Victim One and a friend came to the front door, unarmed, and complied with all orders. Walters forcibly pulled Victim One out of the doorway and forced him onto the ground, causing injuries. Victim One was handcuffed and detained, but never formally arrested. (See: Newport PD body cam, Walters body cam)

Walters then heard that Victim Two and his friends had been found and detained; he drove to their location. When Walters arrived, Victim Two was face-down on the ground with a different Trooper attempting to handcuff him. Almost immediately upon arriving, Walters dropped his knee onto the back of Victim Two’s neck/head, causing injury and causing Victim Two to scream in distress. (See: State Police MVR Footage, Walters body cam)

While a Trooper moved Victim Two to the back of a police vehicle, Walters confirmed with a third Trooper that Victim Two was the juvenile who had kicked his door. Walters then turned off his body-worn camera and walked to the police vehicle. While Victim Two was handcuffed and detained in the back of the vehicle, Walters punched him in the face, fracturing his right eye socket. Walters then walked around the vehicle and turned his body-worn camera back on.¹ (See: Walters body cam)

Delaware State Police supervisors immediately referred the incident to the Division of Civil Rights & Public Trust when they uncovered Walters’ misconduct. Delaware State Police leadership has suspended Walters without pay and has fully supported the criminal investigation. 

Walters was indicted by a grand jury Monday of the following offenses:

·        Deprivation of Civil Rights, a Class B Felony, for depriving Victim Two of his constitutional rights under color of law and causing serious physical injury 

·        Assault 2^nd Degree, a Class D Felony, for causing serious physical injury to Victim Two 

·        Two counts of Assault 3^rd Degree, a Class A Misdemeanor, for intentionally causing injury to Victims One and Two

·        Two counts of Official Misconduct, a Class A Misdemeanor, for committing an unauthorized exercise of official function against Victims One and Two

This is the Department of Justice’s first use of Delaware’s Deprivation of Civil Rights statute, which is nearly identical to an equivalent federal statute and was passed unanimously last year.

Walters’ indictment was secured by Deputy Attorneys General Dan McBride and Zoe Plerhoples with support from DOJ Investigator Millard Greer and paralegal Dawn Pillarelli. The DOJ’s investigation was also assisted by detectives from the Delaware State Police.

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^[1] The body-worn cameras used by Delaware law enforcement capture 30 seconds of buffer video, without audio, when the camera is activated. Walters’ body-worn camera captured continuous footage even though it was turned off since less than 30 seconds elapsed between Walters turning off and reactivating the camera.

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