Attorney General Matt Denn today offered support to the Centers for Disease Control and Prevention (CDC), and its proposed guidelines for Prescribing Opioids for Chronic Pain. In August of last year, Denn released his own plan to address substance use disorders in Delaware, which included a proposal to more tightly regulate the steps that health care providers must take before prescribing opiates.

The link between prescription drug abuse and heroin abuse has been recognized by the CDC, and as Attorney General Denn wrote in support of the guidelines, Delaware’s medical providers recently ranked highest in the country in high-dose opioid pain relievers per 100 people, and second highest in the country in long-acting/extended relief opioid pain relievers per 100 people.

In order to make a stronger impact in the battle against substance abuse disorders, and help prevent more opioid and heroin related deaths, Denn encouraged the CDC to finalize the guidelines after reviewing public comment.

Information about the proposed guidelines can be found at Regulations.gov.

Read Attorney General Denn’s comments on the CDC Guidelines here.

Proposal for Joint Finance Committee to consider when it meets in January. 

Backed by community leaders and advocates for economically hard hit communities, Attorney General Matt Denn has renewed and revised his proposal to utilize funds from financial crisis settlement to be used for crime prevention, housing, substance abuse treatment, after school and summer school programs, prisoner reentry and education in those areas.

The proposal is a renewal of the Attorney General’s “Lifting Up Delaware’s Communities” program, announced in January 2015,  for using settlement funds that Delaware had received from Bank of America and Citigroup to resolve allegations of market misconduct by financial institutions that contributed to the national financial crash.

The amount of funds now available is approximately $29 million, rather than the original $36 million available a year ago. $5 million was used by the General Assembly in June 2015 to balance the state budget, and another $2 million was set aside in December by agreement between the legislature’s Joint Finance Committee and the Department of Justice to expand policing in high-crime areas of Dover and Wilmington. JFC is expected to deliberate over additional uses of the funds in January.

“Our proposal in January, and our proposal today, is that these funds be used to help lift up our state’s hardest hit communities.  That is what is called for by the settlement agreement, and speaking for a moment as an elected official whose top priority is fighting violent crime, investing in these communities is also what we should be doing if we really want to bring down the rate of violent crime,” Attorney General Denn said. “

The renewed Lifting Up Delaware’s Communities is similar to that unveiled in January, with some dollar amounts reduced to reflect the smaller amount of funds available, and with two changes to reflect valuable input that was received from the community and legislators after the initial proposal was made.

The proposal was backed at Wednesday’s event by representatives of atTAcK Addiction, Stop The Violence Prayer Chain, the Wilmington HOPE Commission, New Castle County Police, Red Clay Education Association, Safe United Neighborhoods, the Wilmington Education Improvement Commission, Boys & Girls Clubs of Delaware, and New Castle County Councilman Jea Street.

“This funding would mean the world to students,” said Monique Taylor-Gibbs, a teacher in Wilmington’s Warner Elementary School. “These funds would mean after school programs, it would mean more adequate bodies in the classroom, it would allow us to have smaller class sizes, it would allow the students to be able to stay in school until 6:00 p.m. and then just go home and do homework and go to bed.”

The Lifting Up Delaware’s Communities proposal now consists of :

Investing in People and Neighborhoods ($10.7 Million)

• Substance Abuse Treatment.  $3 million over three years should be spent on providing drug treatment opportunities for inmates with substance abuse disorder who are either nearing release from prison or have just been released from prison.
• Prison Re-Entry Programs.  $3 million over three years should be spent on competitive grants to non-profit organizations that assist inmates being released from correctional facilities to avoid new criminal offenses.
• Community Policing and Community Support.  $4.7 million should be allocated to the state’s Neighborhood Building Blocks Fund, which can make grants for a broad array of government and non-profit efforts to support economically impacted neighborhoods.

Providing Affordable Housing and Development in Economically Impacted Areas ($10.5 million)

• Foreclosure Prevention.  $1.5 million should be directed to the Delaware Mortgage Assistance Program to help Delaware homeowners prevent foreclosures on their primary properties.
• Home Purchase Opportunities for Foreclosure Victims.  $4 million should go to the Downtown Development Districts program, to be used for the purpose of providing down payment assistance to homeowners willing to purchase homes in Downtown Development Districts.  Down payment grants should be means-tested, and first priority would be given to persons and families who lost their homes to foreclosure between 2008 and the present.
• Affordable Housing.  $5 million should go to the Delaware State Housing Authority’s Strong Neighborhoods Revolving Housing Fund, which is dedicated to the creation of affordable housing in economically impacted areas.

Providing Help to Low-Income Children ($7.8 million)

• Support for High Poverty Elementary Schools. We are proposing to dedicate $4.8 million to providing $100,000 per year for three years to each of the state’s 16 highest-poverty elementary schools, to allow them to hire additional teachers or paraprofessionals to work with the students from low-income areas who attend school there every day.
• After School and Summer Programs.  $3 million over three years should be spent on after-school and summer programs targeted at students who live in low-income areas of the state.

“When it comes to sentencing those who have broken the law, we have to ask, do we wish to punish, or do we wish to rehabilitate,” said David Hume of atTAcK Addiction. “It is estimated, the costs of $36,000 to incarcerate, while the cost of treatment is $6,000. To rehabilitate and prevent recidivism, we need the $3-million that the Attorney General has earmarked for drug treatment opportunities for those currently incarcerated, as well as programs to insure those about to be released have a plan to move forward in their lives.”

Colonel Elmer Setting, Chief of the New Castle County Police Department, echoed the sentiments of atTAcK Addiction, and said arresting users isn’t the answer, suggesting if we educate and rehabilitate, we will be a better country, a better state, and a better city.

The Citi and BOA settlement funds are held by the Attorney General’s Office and can be spent by agreement of the Attorney General and the Joint Finance Committee if the JFC indicates it does not intend to take the funds from the settlement account and allocate them as part of the budget process. Attorney General Denn continues to believe the settlement funds should not be used by the legislature to plug budget holes.

Grand jury hands up indictments in 2010 Wilmington cold case, 2014 Village of Windhover shooting, 2015 Vandever Avenue shooting, 2015 Rodney Square stabbing, 2015 Hockessin murder victim found in car.

Six defendants were indicted by a New Castle County grand jury on Monday, December 21 in five homicide cases, including three murders from 2015, one from 2014, and what had been a cold case from 2010. Department of Justice prosecutors do not recall ever having indictments in five homicide cases in a single day.

“Justice is being pursued in all five of these cases – some from this year and some older — because of the unending efforts of our prosecutors and of the police agencies that serve these communities,” said Attorney General Matt Denn. “Their tireless efforts go a long way to help make our neighborhoods, cities, and state safer.”

One case dates back to 2010, and was solved through the combined efforts of the Wilmington Police Department’s Cold Case Unit and the Department of Justice Homicide Unit. During an argument in the 600 block of South Franklin Street in May 2010, Erik McNeely, 35, of Newark, fired three shots, killing Abel Flores. McNeely faces one count of first degree murder, and two counts of attempted murder.

“Sometimes people think a cold case must be solved with new technology or tests, but this case was able to be solved after five years because of the help and cooperation of witnesses. Through the relentless efforts of Wilmington Police Sergeant Matt Hall, Cold Case Investigator Partlow and Special Agent Ronnie Hnat, we were finally able to give answers to the Flores family,” said DOJ homicide unit head and deputy attorney general Ipek Medford. “We need our community to help us piece together cases. This case is an example that we need witnesses to tell what happened and bring justice, and not just forensic evidence like TV shows might have the public believe. ”

“I appreciate the hard work of everyone in our Cold Case Unit, and all of the agencies we work alongside, for keeping this case alive for five years,” said Wilmington Police Chief Bobby Cummings. “We will continue to work with the Department of Justice to bring cases like this to closure for the families of homicide victims.”

Two men, Isaac LeCompte, 22, of New Castle, and 20-year-old Jyaire Smith of Georgetown, Maryland were indicted in a second case, in connection with the death of Ira Hopkins in July 2014. Hopkins and friends were celebrating his birthday outside of his home in the Village of Windhover Apartments on Sandburg Place in Newark, when LeCompte and Smith approached with guns and ordered them to the ground. The two fired several shots, killing Hopkins and injuring one of his friends. LeCompte and Smith each face two counts of first degree murder (felony murder and intentional murder), one count of attempted murder, seven counts of possession of a firearm during the commission of a felony, four counts of robbery, one count of conspiracy, and one count of possession of a firearm by a person prohibited.

“New Castle County Detectives have worked tirelessly on this case since this tragic incident occurred. From the initial response, the collection of evidence, conducting interviews and the process of preparing the case for the arrest and trial, every effort was made to ensure those responsible were brought to justice,” said Colonel Elmer Setting, Chief of the New Castle County Police Department. “Each of these cases is critically important and we are grateful for the on-going collaboration between the New Castle County Police Department and Delaware Attorney General’s office. If you commit murder in New Castle County, regardless of the length of time that has passed, our detectives and Cold Case investigators will remain relentless until they arrest those responsible for these heinous acts and hold them accountable for their actions,” Setting said.

In a third case, the man charged with stabbing Thomas Cottingham to death on Rodney Square in September 2015 was indicted on several charges. Calvin Hooker, 25, of Wilmington killed Cottingham, as Cottingham stepped in to protect a woman Hooker confronted along Market Street. Hooker was indicted for first degree murder, two counts of possession of a deadly weapon during the commission of a felony, two counts of endangering the welfare of a child, two counts of resisting arrest, carrying a concealed deadly weapon, and aggravated menacing.

In a fourth case, Hakiem Anderson, 31, of Wilmington was indicted on charges of first degree murder, possession of a firearm during the commission of a felony, and possession of a firearm by a person prohibited in the fourth case. Anderson shot and killed Markevis Clark in the 800 block of Vandever Avenue in Wilmington in August 2015, after a brief argument.

The fifth homicide case indicted on December 21st, is that of Benjamin Rauf, 26, of Westerlo, New York. Rauf was arrested in connection with the Auguest killing of Shazim Uppal, who was found dead after being shot multiple times while sitting in his parked car in Hockessin. Rauf was indicted on two counts of first degree murder (felony murder and intentional murder), possession of a deadly weapon during the commission of a felony, possession of a firearm during the commission of a felony, and first degree robbery.

In all cases, defendants are presumed innocent until and unless proven guilty.

“Operation Son Sun” investigation concludes with convictions of leaders of one of Delaware’s largest heroin trafficking organizations.

Joined by the local and federal law enforcement agencies who successfully worked together to bring down one of the largest heroin trafficking organizations in Delaware history, Attorney General Matt Denn announced Thursday that the prosecutions of “Operation Son Sun” defendants had concluded with guilty adjudications for 46 defendants and multiple-decade sentences for the leaders of the organization.

The successful prosecutions were highlighted by the recent sentencings of Andrew “Rock” Lloyd, 32, of Wilmington and Antoine “Flock” Miller, 35, of Wilmington.  Lloyd led one of the largest heroin trafficking organizations in Delaware history before it was shut down in December 2014, after a multi-agency investigation. Known as “Operation Son Sun,” the investigation included the Delaware Department of Justice, the Drug Enforcement Administration-Wilmington Office (DEA), the Wilmington Police Department, the Federal Bureau of Investigation (FBI), the New Castle County Police Department, the Division of Probation and Parole, the Newark Police Department, and the Delaware State Police.

The final indictment charging 46 people was handed down on December 22, 2014.  One year later, all 46 persons indicted have pled guilty or been convicted of criminal offenses.  Lloyd was sentenced to 25 years in prison, followed by probation for charges of organized crime and racketeering, six counts of Tier Five heroin possession, six counts of Tier Four drug dealing heroin, drug dealing with an aggravating factor, Tier One drug possession with an aggravating factor, possession of drug paraphernalia, and eight counts of second degree conspiracy.  Miller was sentenced to 20 years in prison followed by probation for charges of organized crime and racketeering, Tier Five heroin possession, possession of drug paraphernalia, and two counts of second degree conspiracy.

“The successful resolutions to these cases sends a strong message that we will seek to prosecute not just the street-level dealers, but the organizational heads of drug-dealing operations in our state,” said Attorney General Matt Denn. “These racketeering cases are notoriously hard to put together and present, and the fact that we were able to get convictions is in large part a credit to the front-line law enforcement work that was done.”

“The cases brought against this criminal enterprise demonstrates the strength of law enforcement’s dedication to stopping dangerous criminals in New Castle County.  This isn’t the end game for the FBI or our law enforcement partners.  We are continuing to go after the criminals who are creating violence and fear in our communities,” said Kevin Perkins, Special Agent in Charge of the FBI in Delaware.

“Andrew Lloyd and his associates were responsible for distributing large amounts of heroin and crack cocaine in Wilmington, Delaware. They destroyed numerous lives as a result of their drug-trafficking activities and were responsible for numerous shootings in furtherance of these same activities,” said Gary Tuggle, the Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division.  “Joint investigations such as this, where we worked with our local, state, and federal law enforcement counterparts on a case that leads to this many arrests, drug, and firearms seizures has resulted in a significant increase in the quality of life for the residents of Wilmington.”

“Our hope is that the communities impacted by these folks are safer communities today because they were arrested and successfully prosecuted,” said Col. Nathaniel McQueen, Superintendent of the Delaware State Police. “It again shows what can be done when we all work together, and the folks that benefit from our working together are those impacted communities that we serve every day.”

“This operation was a multi-agency effort to combat drug sales throughout the state and the many communities within New Castle County,” said Col. Elmer Setting, Chief of the New Castle County Police. “The New Castle County Police were glad to assist in this operation with all of our resources needed to successfully put these individuals out of the drug sales business. This is empirical evidence of how all police agencies in the state can work together to accomplish a similar goal.”

“We continue to aggressively address crime through a multi-faceted approach including working together with local, State, and federal agencies to arrest and prosecute those individuals who are committing violent crimes in our city,” said Wilmington Police Chief Bobby Cummings

“We appreciate the cooperation and partnership from the other law enforcement agencies that took part in this investigation, and we will continue our collaborative efforts to arrest and prosecute those who commit senseless acts of violence,” Denn said. “From the DOJ, I want to thank and commend Deputy Attorneys General Mark Denney, Julie Finocchiaro, Caterina Gatto, and John S. Taylor who handled the cases against all of the co-defendants. The prosecutors had a tremendous support team in paralegal Stefania Iannocco, administrative assistants Shannon Daniels, Tonya Kinsey, and Evelyn Davis and case processing unit members Diane Madric, Sandra Colicchio and Jeanne Kenney. I also want to recognize Kathy Jennings, our State Prosecutor, and Joe Grubb, the New Castle County Prosecutor, for the roles they played as well in these cases.”

Attorney General Matt Denn announced that Deputy Attorney General Aaron Goldstein has been tapped as State Solicitor in charge of the Civil Division of the Department of Justice, and Deputy Attorney General LaKresha Roberts will become director of DOJ’s Family Division.

A graduate of the University of Delaware and Widener University School of Law, Goldstein has been with the Department of Justice since 2004, including serving as assistant head of the Government Services Unit, and most recently, head of the Department’s Health Law Unit.  Prior to working at the Department of Justice, he worked in a private law firm, in the New Castle County Office of Law, the City of Wilmington Law Department and as an Assistant Public Defender. He was chosen as a Henry Toll Fellow by the Council of State Governments in 2011.

Roberts graduated from Pace University and the Widener University School of Law, and joined the Department of Justice in 2010, where she has worked in the Child Support, Child Protection, Juvenile Delinquency, and most recently, the Domestic Violence Unit. She previously worked for Family Court as a law clerk and as a mediation and arbitration officer. She was selected by the Delaware Business Times as one of their “40 Under 40” for 2015.

“It gives me great pleasure to make these two additions to our leadership team within the department,” said Attorney General Denn. “Aaron has served in a number of capacities in the Civil Division as well as in other government settings providing him experience that is well suited for the State Solicitor role. LaKresha’s career has been based on her passion and compassion for serving Delaware’s children and families and I have been impressed with her judgment. They will both do well in their respective roles.”

Goldstein has already taken the position of State Solicitor, replacing Meredith Tweedie, who moved to Governor Markell’s office. Roberts will replace Family Division director Patricia Dailey Lewis, who is retiring at the end of November after 30 years with the Department of Justice.

“We have had a number of opportunities within the department to honor Patty Dailey Lewis over the last few weeks, including presenting her with a new department award named in honor of Beau Biden,” Attorney General Denn said. “Families and children in Delaware – both in a general sense and in hundreds of specific individual cases – are better off because of Patty’s career and accomplishments, and we will miss her.”