The City of Rehoboth Beach may still be conducting an independent internal review of how it handled a beach takeover incident May 19, but the Delaware Department of Justice has already reached one conclusion – all charges against the four Delaware State University students should be dropped.

The attorney general has found no factual basis to charge the defendants with any criminal offense, and has directed prosecutors to dismiss all charges against all four defendants, said Mat Marshall, spokesman for the Delaware Department of Justice, in an email May 29.

A takeover event took place May 19 at the Rehoboth Beach Bandstand. It was promoted online and drew hundreds of youths. The event prompted multiple arrests and the issuance of felony warrants against four individuals, required outside agency help and forced the closure of multiple businesses for the evening. Multiple police agencies assisted Rehoboth with enforcement, including the Delaware State Police, Delaware Department of Natural Resources and Environmental Control, Dewey Beach Police, Milford Police, Lewes Police and Bethany Beach Police.

The DOJ’s announcement comes on the heels of the Delaware NAACP raising concerns about how the incident was handled by the city.

Earlier in the week, Fleur McKendell, Delaware NAACP State Conference of Branches president, emailed city officials and the DOJ about the organization’s concern over how the city handled the entire incident.

In response to the NAACP’s request, the city said it had hired attorney Max Walton to conduct an independent review of how the incident was handled. The city declined to discuss specifics because the review is ongoing. It said it would be inappropriate for the city to reach conclusions or respond substantively to the allegations before the review is complete. The city also informed McKendell that it had not formally started gathering the information requested because the request wasn’t submitted through the city’s Freedom of Information Act online portal.

McKendell said the NAACP supports the review, but objects to the city using it as a shield against accountability and as justification for an open-ended delay.

On May 29, McKendell said she’s been made aware of the DOJ’s decision, and while she’s relieved for the students and their families, it raises even more serious questions about how the situation was handled from the beginning.

“These young people were publicly portrayed as criminals, their images circulated widely, and a narrative was allowed to spread nationally before the facts were fully examined,” said McKendell in an email May 29. “That has real consequences, not only for the students involved, but also for public trust and confidence in the fairness of the process.”

McKendell said the Delaware NAACP plans to continue pursuing the information, accountability and meetings it has requested. The concerns were never limited solely to the charges themselves, she said.

“The community deserves transparency, and these students deserve more than quiet dismissals after public damage has already been done,” McKendell. “We remain committed to ensuring this matter is fully addressed and that meaningful dialogue takes place moving forward.”

Brooke Thaler, city communications director, said the city has not been contacted by the Department of Justice regarding reports that charges arising from the May 19 beach takeover incident have been dismissed.

“Based on our current understanding, it does not appear that all relevant facts and circumstances have yet been fully reviewed,” said Thaler in an email May 29. “As such, we believe further explanation regarding the reported disposition of these charges would be beneficial to both the city and the public.”

In addition, said Thaler, the city has reached out to McKendell to arrange a meeting and discuss these matters. At this time, the city has not yet received a response, but remains willing to engage in a constructive dialogue, she said.

Editor's note: This story has been updated with a response from the city.