Tue, Nov 24, 2009
State may seek death penalty
in officer Chad Spicer murder
Delaware Attorney General Beau Biden said the state may seek the death penalty against Derrick Powell after a Sussex County grand jury indicted Powell in the murder of Georgetown Police Officer Chad Spicer.

Spicer was fatally shot Sept. 1 as he and his partner, Cpl. Shawn Brittingham attempted to stop a suspect vehicle. Powell, 22, of Cumberland, Md., is charged with firing a single shot that killed Spicer and wounded Brittingham.

Powell was indicted on 14 counts, including two counts of first-degree murder, one for the shot that killed Spicer and a second count for shooting Spicer while fleeing the scene of an attempted robbery.

He was also charged with second-degree burglary for entering a home when armed with a deadly weapon, second-degree assault for injuring Brittingham with a deadly weapon and resisting arrest.

Other charges include attempted first-degree robbery and reckless endangering, both in connection to reports of shots fired at McDonald’s, which occurred before the traffic stop. The indictment also included seven counts of possession of a firearm during the commission of a felony.

Also indicted was Christopher Christopher Reeves, 20, of Lincoln on a felony charge of failure to stop at the command of a police officer and a misdemeanor charge of resisting arrest.

After reviewing the facts of the crime, Attorney General Beau Biden said, “We have probable cause to believe that one or more statutory aggravating circumstances are present, thus making the death penalty a possibility in this case. The final decision about whether to seek the death penalty will be made after the department completes its review pursuant to our established death penalty review procedures.”

The Attorney General’s Office has advised Superior Court to treat the proceeding as a death penalty case for procedural purposes, which are expected to be lengthy.

Jason Miller, spokesman for the Attorney General’s Office, said he had no comment on the aggravating circumstances Biden referred to. “Suffice it to say there are aggravating circumstances,” Miller said.

Miller said Luis Flores, who according to court documents was in the car with Powell and Reeves at the time Spicer was shot, is not included in the indictments.

Reeves and Powell are being held at James T. Vaughn Correctional Center in Smyrna.

Assistant Public Defender Stephanie Tsantes is representing Powell, but she requested that a different attorney represent Reeves to avoid a conflict of interest. Public defender James Nutter will represent Reeves.

The grand jury indicted Powell Monday, Nov. 23. The case will now be scheduled in Superior Court.


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