Correctional Officer Charged with Using His Position to Engage in Criminal Conduct
The Delaware State Police in conjunction with the Delaware Department of Correction, the Delaware Department of Justice, and the Federal Bureau of Investigation arrested a 31-year-old corrections officer on several felony charges stemming from a misconduct investigation. According to police, in March 2024, the Delaware State Police Troop 2 Drug Unit partnered with the Department of Correction, DOJ, and FBI, in an investigation stemming from allegations that a Correctional Officer was conducting unethical behavior by using his position to engage in criminal conduct at James T. Vaughn Correction Center. Troop 2 Drug Unit detectives, investigators from the DOC Special Operations Group, investigators from the FBI, and members of the DOJ Division of Civil Rights and Public Trust discovered that the defendant was using his position as a correctional officer to further his drug distribution operations by smuggling illegal contraband into the prison and accepting bribes to do so.
The correctional officer is facing charges of:
- 3 counts of Official Misconduct Position Used to Engage in Criminal Conduct (Felony)
- Possession of a Firearm During the Commission of a Felony (Felony)
- Possession with Intent to Deliver a Counterfeit Controlled Substance (Felony)
- Receiving a Bribe (Felony)
- Promoting Prison Contraband Possess Illegal Narcotic or Prescription Medication with Intent to Deliver (Felony)
- Conspiracy 2nd Degree (Felony)
Analyzing the charges
The correctional officer was essentially charged with running a drug smuggling operation from the prison he worked for by introducing illegal contraband to the prison. He is, however, further accused of using his position of power and trust to facilitate illegal activity. He took bribes from prisoners to facilitate the fledgling drug enterprise and conspired to violate the law.
Conspiracy 2nd Degree charges
Under Delaware law, Conspiracy in the Second Degree is a class G felony. It occurs when an individual agrees to help commit a felony or makes an attempt to commit a felony. To qualify as Conspiracy in the 2nd Degree, the person must also intend to promote or facilitate the commission of a felony. It usually involves an agreement of one or more people.
The sentence for Conspiracy in the 2nd Degree ranges from 2 to 15 years depending on the circumstances of the offense. In this case, the defendant is facing multiple charges including Possession of a Controlled Substance with Intent to Deliver.
Promoting Prison Contraband
Del. Code tit. 11 § 1256 makes it unlawful to introduce contraband into a prison. An individual is guilty of Promoting Prison Contraband when they knowingly introduce any contraband into a detention facility. This is considered a class F felony under the law and is punishable by up to 3 years in prison. The defendant will also face drug charges related to the scheme. So, he could be looking at a decade or more behind bars.
Talk to a Wilmington, Delaware Criminal Defense Attorney Today
Michael W. Modica represents the interests of those who have been charged with serious crimes in the State of Delaware. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
Source:
dsp.delaware.gov/2024/05/01/state-police-arrest-correctional-officer-in-multi-agency-investigation-of-official-misconduct/
