Delaware Police Say Suspect Tried to Steal Officer’s Gun After Domestic Violence Call

An out-of-control Delaware resident is facing numerous charges after police responded to a call of domestic violence. Delaware State Police arrested the 35-year-old suspect for multiple felony assault and resisting arrest charges in Long Neck recently. On April 28, 2024, at around 5:38 a.m., troopers responded to a Delaware residence regarding an assault. When troopers arrived, they learned that a man (the suspect) had assaulted a woman at the house and then left. A short time later, the suspect was found on the property of a nearby business on Long Neck Road. When troopers tried to arrest the suspect, they violently resisted them. According to police, he attempted to remove an officer’s gun from the holster while they were arresting him. Police deployed a taser to subdue the suspect. Two of the troopers had to be treated for minor injuries. The suspect was also taken to the hospital for his injuries.

He has since been charged with the following crimes:

• Attempting to Remove a Firearm from a Law Enforcement Officer (Felony)
• 2 counts of Assault 2nd Degree Causing Injury to a Law Enforcement Officer
• Assault 2nd Degree (Felony)
• 2 counts of Resisting Arrest (Felony)
• 2 Counts of Criminal Mischief
• Criminal Trespass 3rd Degree
• Disorderly Conduct

Attempting to Remove a Firearm from a Law Enforcement Officer 

Under 11 DE Code § 1458 (2023), any individual who attempts to grab at or try to take an officer’s firearm is guilty of a class C felony. Under the law, a person may not knowingly or recklessly remove or attempt to remove a firearm, disabling chemical spray, baton, or other deadly weapon from the possession of a law enforcement officer. The law requires that the individual have a reasonable suspicion that the individual from whom they are attempting to remove the weapon is law enforcement. You can’t accidentally be charged with this crime. Prosecutors must prove that you intended to remove the weapon from the officer’s person.

Attempting to Remove a Firearm from a Law Enforcement Officer is considered a class C felony under Delaware law which is a higher class of felony. An individual who is convicted of a class C felony can face up to 15 years in state prison.

Assault 2nd Degree 

The defendant is charged with both assaulting a woman at a residence and assaulting the two police officers who were attempting to arrest him. Under Delaware law, Assault 2nd Degree is considered a class D felony. Punching a police officer and causing minor injuries is an example of Assault 2nd Degree. A class D felony has a maximum sentence of 8 years in jail. There is also a presumptive sentence of at least 2 years behind bars. This defendant is facing three counts of Assault in the 2nd Degree.

Talk to a Wilmington, Delaware Criminal Defense Attorney 

If you have been charged with a violent crime, the chances of a prison sentence are very likely without proper representation. Call Wilmington criminal defense lawyer Michael W. Modica today to schedule an appointment and allow us to begin preparing your defense right away.

Source:

dsp.delaware.gov/2024/05/01/troopers-arrest-millsboro-man-for-assault-and-resisting-arrest/