Mistrial declared in death of WBOC’s Tom Draper

A Delaware Superior Court judge has declared a mistrial in the case of a Lewes man who was found guilty of operating the vehicle that struck and killed Delmarva media magnate Thomas Draper in July 2017.

Judge E. Scott Bradley declared a mistrial in the case of Shawn Armstrong, 39, after an office conference with attorneys Nov. 28. A new trial date has not been set.

The court has issued no statement as to the reason for a new trial. Defense attorney Michael Abram did not return a request for comment. Department of Justice spokesman Carl Kanefsky referred the matter to the court. Documents related to the case have been placed under seal.

Armstrong was awaiting sentencing after being found guilty at trial in September of operating a motor vehicle causing death, and inattentive driving in the accident that caused Draper’s death on Slaughter Beach Road south of Milford.

Prosecutors argued that Armstrong was not paying attention when his 2013 Ford F-150 struck Draper as he rode his bike along the shoulder. Armstrong did not deny striking Draper; at issue during the two-day trial was whether Armstrong failed to pay attention or, as Armstrong contended, Draper swerved in front of Armstrong’s truck to avoid rough pavement.

Police witnesses concluded that Armstrong was not drunk and was not texting or calling, and Armstrong did not flee the scene. Armstrong testified that Draper was riding in the shoulder area before veering in front of his truck. The prosecution and its witnesses stated that Draper was just outside the cracked shoulder, and that Armstrong should have yielded to Draper.