Other defendants face prison time on robbery, weapons, rape and drug dealing charges

A gang-related shooting in 2015 that left a 17-year-old dead resulted in a 20 year sentence for the shooter. Alexander Fitzgerald, 22, of Wilmington, a member of the Touch Money Gang (TMG), received his sentence from a Superior Court judge. In February 2015, officers answering a call of shots fired found Deshon Sellers near the intersection of East 24th and Lamotte Streets suffering from gunshot wounds. In June 2018, Fitzgerald pled guilty to Murder Second Degree, Possession of a Firearm During the Commission of a Felony, and Illegal Gang Participation. A judge sentenced Fitzgerald to 20 years in prison, followed by 18 months of probation. Deputy Attorneys General John Downs, Periann Doko and Daniel McBride prosecuted the case. Detective Tom Curley of the Wilmington Police Department served as lead detective.

Deputy Attorneys General Amanda DiLiberto and Marc Petrucci secured a guilty verdict in a jury trial for a 33-year-old Philadelphia man who now faces decades in prison on several charges relating to an armed home invasion. In July 2015, a man living in a home on Faulk Road opened his door after a man with a pizza box knocked on the door. Andrew Allen forced his way inside the home, shoving a gun into the victim. Allen restrained the victim with duct tape, and beat him while rummaging through the home, eventually taking cash before leaving the house. A Superior Court jury convicted Allen of Robbery First Degree, 4 counts of Possession of a Firearm During the Commission of a Felony, Home Invasion, Burglary Second Degree, Assault Second Degree, and Conspiracy Second Degree. A Superior Court judge will hold a sentencing in March 2019, where Allen faces a minimum of 22 years in prison. Retired Detective Steven Rizzo of the Delaware State Police served as the chief investigating officer, with DOJ social worker Kristen Fluharty-Emory and paralegals Lisa Loikith and Julie Caputo assisting with the prosecution.

A 29-year-old New Castle man was sentenced to prison for his guilty plea on rape and weapons charges. Deputy Attorney General Jan van Amerongen secured the sentence for Kharak Singh. In August 2017, Singh bound, terrorized, beat, raped, choked and threatened to kill a woman over a period of several hours. In July 2018, Deputy Attorney General Diana Dunn secured a guilty plea to Rape Third Degree and Possession of a Deadly Weapon During the Commission of a Felony from Singh. A Superior Court judge sentenced Singh to 15 years in prison, followed by 6 months of either home confinement or work release, then 2 years of probation, registering as a Tier 3 sex offender. Detective Jon Adams from New Castle County Police Department was the lead detective on the case.

Deputy Attorney General Michael Cooksey secured a guilty plea and prison sentence for a New Castle man found with hundreds of bags of heroin. In February 2018, a New Castle County Police Officer stopped a car driven by Allen Lister, 22, for illegal window tinting. After noticing a strong smell of marijuana coming from the car, police conducted a search of the vehicle and found 659 baggies of heroin in the center console of the car. Lister pled guilty in Superior Court to one count of Drug Dealing Tier 4 (Heroin), and was immediately sentenced by a judge to 2 years in prison, followed by 18 months of probation. Paralegal Gaven Plump assisted with the prosecution.

Shooting and daycare assault cases also lead to prison time

The woman who lured a 21-year-old Dover man into what was supposed to be a robbery has pled guilty to her role in his murder. Lisa Wagaman, 31, of Dover, pled guilty to Murder Second Degree and Conspiracy Second Degree for the 2017 killing of Daquan Dukes. In June 2017, Wagaman told Dukes she needed a ride to the Pine Grove Apartments on Webbs Lane in Dover. Once in the parking lot, her co-defendant Brett Scott approached the car and exchanged gunfire with Dukes. Scott was shot in the chest, hand, and foot, and Dukes was fatally shot in the chest. After Wagaman pled guilty, a Superior Court judge immediately sentenced Wagaman to 15 years in prison, followed by 6 months of either home confinement or work release, then 1 year of probation. Deputy Attorney General Lisa Whitelock prosecuted the case with assistance from paralegal Sue Balik, administrative assistant Amanda Balke, and social worker Esther Powell. In July, a jury convicted Scott of Murder Second Degree, Attempted Robbery First Degree, Possession of a Firearm During the Commission of a Felony and Conspiracy Second Degree, and he was sentenced by a judge to 26 years in prison, followed by 1 year of work release then 1 year of probation.

A 29-year-old Wilmington woman was sentenced to life plus 9 years in prison for a 2017 murder. Deputy Attorneys General John Downs and Rebecca Song secured the verdict for Deneisha Wright. In January 2017, Wilmington Police responded to a report of shots fired on North Lamotte Street and found 66-year-old Charles May sitting in his pickup truck suffering from gunshot wounds. An investigation showed Wright walked up to the truck, pointed the gun at May and attempted to rob him of pills and money. When May resisted, Wright fired several shots, hitting May twice. In May 2018, a Superior Court jury convicted Wright of Murder First Degree, Attempted Robbery First Degree, and 2 counts of Possession of a Deadly Weapon During the Commission of a Felony. Wright was also convicted of Possession of a Firearm by a Person Prohibited in a separate bench trial. A Superior Court judge sentenced Wright to life plus 9 years in prison. DOJ paralegal Stacey Coupe, social worker Crystal Pitts, and tech specialist Theodore Griffin all assisted with the prosecution. Sergeant Justin Kreysa of the Wilmington Police Department was the chief investigating officer.

A shooting in the parking lot of a Newark restaurant will lead to at least 15 years in prison for a Wilmington man. Deputy Attorney General William Leonard secured a guilty plea from Thomas Ellerbe, 41, to Assault Second Degree, Conspiracy Second Degree, Possession of a Firearm During the Commission of a Felony, and Possession of a Firearm by a Person Prohibited. In July 2017, Ellerbe and another man emerged from the bushes in the parking lot of the Applebee’s restaurant on Elkton Road in Newark as the manager left for the evening. When the manager refused to take the two men into the restaurant, Ellerbe shot the victim in the leg and stole a power drill he had with him. Ellerbe, barred from having a firearm because of previous felony convictions on Robbery and Burglary charges, faces at least 15 years in prison. Ellerbe also faces up to 10 years in prison for violating his parole in Maryland. Ellerbe’s co-defendant, James Brooks, pled guilty in August to Robbery Second Degree, Conspiracy Second Degree, and Possession of a Firearm During the Commission of a Felony, and was sentenced by a judge to 7 years in prison, followed by 6 months of either home confinement or work release, then 1 year of probation. Detective Daniel Bystricky of the Newark Police Department was the chief investigating officer. DOJ paralegal Donna Lee and social worker Kristen Fluharty-Emory assisted with the prosecution.

A 33-year-old former daycare provider was sentenced to 18 months in prison for breaking the leg of an infant. Deputy Attorney General Jan van Amerongen secured the sentence for Amber Worthy of New Castle. In September 2017, while working at the Happy Kids Academy on Old Baltimore Pike in Newark, Worthy aggressively moved an 11-month-old in her care and caused a spiral fracture to the child’s tibia. In July, Deputy Attorney General Diana Dunn secured a guilty plea from Worthy to Assault Second Degree. A Superior Court judge sentenced Worthy to 18 months in prison, followed by 6 months of either home confinement or work release, then 18 months of probation. Social worker Bettina Jones assisted on the case.

Other defendants face prison time on murder and manslaughter charges

A Wilmington drug dealer who laced heroin with fentanyl and oxycodone received a prison sentence for his conviction on drug charges earlier this year. Deputy Attorney General Monil Amin secured the guilty conviction and sentence for 29-year-old Sidierra Bailey. In November 2017, Detective Jeffrey Silvers of the Wilmington Police conducted surveillance in the area of the 200 block of North Rodney Street and observed Bailey conducting multiple drug sales as Bailey continued to count bundles of heroin from the pocket on the front of his hoodie. A Superior Court jury convicted Bailey on June 30, 2018 of 1 count of Drug Dealing Heroin laced with Fentanyl and 1 count of Drug Dealing Oxycodone Pills. A Superior Court judge sentenced Bailey as a habitual offender because of previous drug and weapons convictions, to 9 years in prison, followed by 6 months of either home confinement or work release, then 1 year of intensive supervision.

A 36-year-old Georgetown man pled guilty to Murder Second Degree in connection to a fatal shooting during an attempted robbery. In August 2017, Preston Nailor fatally wounded Ty’ron Lake, 19, of Bridgeville, when the two exchanged gunfire during a botched drug deal along Apple Tree Road in Bridgeville. A Superior Court judge immediately sentenced Nailor to 15 years including completion of the KEY substance abuse program, followed by 10 years of probation. Deputy Attorneys General John Donahue and Amanda Nyman prosecuted the case. The chief investigating officer was Delaware State Police Detective Daniel Grassi.

A Wilmington man pled guilty to stealing a car and killing two people after a head-on collision. Deputy Attorney General Barzilai Axelrod secured the plea to Manslaughter, Reckless Endangering, Theft of a Motor Vehicle, and Driving Under the Influence from Stephen Goodman, 34. In December 2017, while walking in the 1000 block of Bennett Street in the city, Goodman approached a woman standing next to a running Nissan Altima, shoved the woman, and got in the car and drove away. Later that evening, witnesses observed the vehicle speeding and running red lights on Churchmans Road in Stanton. Goodman eventually drove onto Delaware Park Boulevard, crossed the center line of the two-laned road, and struck another car. John Simon, 77, and Irma Simon, 92, both of Mantua, NJ died as a result of the collision. If declared a habitual offender, Goodman faces 25 years to life in prison when sentenced next year. Social worker Kristen Fluharty-Emory assisted with the case.

OMB gang member pleads guilty; other defendants face prison on drug, weapons, manslaughter, and fraud charges.

A 67-year-old Wilmington man could be sentenced to life in prison for the rape of a child that occurred in 2000. Deputy Attorney General Kelly Sheridan secured no contest plea from Santos Viruet to Rape First Degree. In January 2017, a woman called police to say Viruet had sexually assaulted a child in his care years earlier, prompting an investigation. Viruet faces between 15 years and life in prison when sentenced by a Superior Court judge in February 2019. Officers from the Wilmington Police Department investigated the case, with DOJ social worker Claudia Melton assisting with the prosecution.

A 20-year-old Only My Brothers (OMB) gang member will serve a prison term after a guilty plea. Oliver Henry of Dover pled guilty to four counts of Criminal Contempt in connection with gang activity. In March through June of 2018, Henry met with other OMB members at various locations in and around the City of Wilmington, despite being ordered not to have any contact with his codefendants from a 2015 case in which he pleaded guilty to Illegal Gang participation and Conspiracy Second Degree, and in his subsequent sentences for violations of probation. A Superior Court judge sentenced Henry to 360 days straight jail with no good time credit or suspension for each count, followed by one year of probation. Deputy Attorney General Mark Denney prosecuted the case, along with Deputy Attorneys General Albert J. Roop and Allison Abessinio.

A 36-year-old Newport man faces at least 15 years in prison on drug and weapons charges. Deputy Attorneys General Zachary Rosen and Anna Currier secured a guilty plea from Johnny Dorazio to Drug Dealing of Heroin, Possession of a Firearm by a Person Prohibited, and Resisting Arrest. In January 2018, police executing a search warrant in the home where Dorazio was staying in the 200 block of West Ayre Street found approximately 200 bags of heroin and a .45 caliber handgun. Dorazio is barred from having a gun because of previous felony convictions on weapons and carjacking charges. Sentencing by a Superior Court judge is currently scheduled for February, with Dorazio facing a minimum 15 years in prison. DOJ paralegal Meredith Parkinson assisted with the case.

A 2016 fatal car crash led to a prison sentence for a Wilmington man. Deputy Attorneys General Danielle Brennan and William Leonard secured the sentence for Ternell Henderson, 33. In August 2016, Henderson was driving his vehicle over 80 m.p.h. in a 25 m.p.h. hour zone along Pennsylvania Avenue in Wilmington, and ran multiple red lights before crashing into Brian James’ vehicle, killing James. After the collision, Henderson got into another vehicle near the scene and fled. Henderson pled guilty to Manslaughter in June 2018. He was sentenced by a Superior Court judge to 12 years and 6 months in prison, followed by 6 months of home confinement, then 2 years of probation. Tavis Miller and James Peiffer of the Wilmington Police Department were the detectives on the case, and DOJ social worker Kristen Fluharty-Emory assisted with the prosecution.

A contractor who took a down payment from a client then never returned to do the paid-for work was sentenced in Superior Court. Deputy Attorney General Michael Undorf of the DOJ Consumer Protection Unit secured the sentence for John Carpenter III, 48, of Wilmington. In September 2016, Carpenter took a $1,800 deposit from a woman in the Sparrow Run neighborhood for home improvements, including roof and gutter reinstallations. Carpenter cashed the check the same day but never made the repairs. In May 2018, Carpenter pled guilty to felony Home Improvement Fraud. A Superior Court judge sentenced Carpenter to one year of probation, and ordered any advances or deposits received, directly or indirectly, for any future home improvement contracts shall be used solely to purchase materials for the job. Carpenter paid full restitution to multiple victims as part of the plea deal. The case was prosecuted with the assistance of DOJ special investigator Robert Schreiber, and officers from the Delaware State Police and New Castle County Police Department.

Delaware Attorney General Matt Denn, along with a group of 26 states, counties, and cities, has formally objected on behalf of Delaware to the Environmental Protection Agency’s plan to reverse the country’s Clean Power Plan. The Clean Power Plan, put in place by the EPA under President Obama, is the first nationwide limit on climate change pollution from existing fossil-fueled power plans.

The Clean Power Plan is the culmination of a decade-long effort by partnering states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel-burning power plants under the Clean Air Act. In its comments (found at https://ag.ny.gov/sites/default/files/cpp_replacement_comments.pdf), the coalition of states and municipalities stresses the overwhelming scientific evidence of human-induced climate change and its increasing impacts, and the corresponding need for the EPA to perform its duty under the Clean Air Act to set nationwide limits on power plant emissions of climate change pollution.

“The replacement rule proposed by President Trump’s EPA turns its back on the success of Delaware and other states in reducing carbon pollution from power plants, and instead will uncork the power plants’ smokestacks and let them put more pollution in our air,” Attorney General Denn said. “Plus, the proposed rule contains factual inaccuracies, analytical errors, and legal flaws, and as a result would be unlawful if adopted.”

The EPA’s own analysis predicts that, compared to the Clean Power Plan, the so-called “Affordable Clean Energy” Rule could result in over 60 million tons more climate change pollution.

The comments were spearheaded by the attorney general of New York submitted on behalf of the attorneys general from Delaware California, Connecticut, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota (by and through its Minnesota Pollution Control Agency), New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, as well as the cities of Boulder (CO), Chicago, Los Angeles, New York, Philadelphia, and South Miami (FL), and Broward County (FL).