Two Arrested for Theft of Skid Steer, Other Items

Delaware State Police have arrested two suspects on felony charges of theft following an investigation. Between May and July 2024, Troop 4 Criminal Investigations Unit investigated several thefts of a similar nature in the Frankford area. In each of these thefts, unknown suspects entered a commercial property and stole a skid steer.

On September 3, 2024, Troop 4 Detectives learned that the Worcester County Sheriff’s Office was investigating thefts in Berlin, Maryland. Afterward, Troop 4 Detectives, in collaboration with Worcester County Sheriff’s Deputies, identified the suspects as a man and a woman who were involved with both the skid steer thefts and the thefts in Berlin.

Troop 4 Detectives obtained warrants for the arrest of both suspects. On September 4, 2024, detectives executed a search warrant at a property on the 31000 block of Swamp Road in Dagsboro and recovered one of the stolen skid steers and other stolen property from the Berlin thefts. The pair were arrested at the property without incident.

They are facing multiple charges including:

• Theft over $50,000
• Theft over $1,500
• 3 counts of Conspiracy 2nd Degree
• Receiving Stolen Property over $1,500
• Tampering with Evidence
• Receiving Stolen Property under $1,500
• 2 counts of Criminal Trespass 3rd Degree

Theft Charges 

Delaware considers Theft a serious crime. In Delaware, Theft is defined as taking someone else’s property with the intent to deprive the owner of it. In Delaware, the crime of Theft can be charged as any number of felonies. The specific charge will depend on the amount of value that was stolen. In the case of the aforementioned defendant, the value of the stolen property exceeded $50,000. That makes his crime a class D felony. In Delaware, a class D felony has a maximum prison sentence of 8 years.

Theft over $1,500, on the other hand, is considered a class G felony. Class G felonies carry a maximum prison sentence of 2 years.

Conspiracy in the 2nd Degree 

11 DE Code § 512 (2023) defines the crime of conspiracy in Delaware. Conspiracy occurs when someone:

• Intends to help or make it easier for a felony to be committed
• Agrees with others to commit a felony or to help others plan to commit a felony
• Commits an overt act in furtherance of the conspiracy, or if a co-conspirator commits an overt act in furtherance of the conspiracy

Essentially, to prove Conspiracy charges against a defendant, the prosecution must prove that there was a plan in place to commit a conspiracy, and the defendant or a co-conspirator then took one act in the furtherance of that conspiracy. In other words, you need both a plan and an act. Conspiracy is considered a class G felony punishable by up to 2 years in prison.

Talk to a Wilmington, Delaware Criminal Defense Attorney Today

Wilmington criminal defense attorney Michael W. Modica represents the interests of those charged with serious crimes. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

dsp.delaware.gov/2024/09/06/state-police-detectives-arrest-dagsboro-pair-for-felony-theft/