Two men arrested after altercation outside Rehoboth Beach

Delaware State Police have arrested Joshua R. Daniels, 25, of Lincoln and Malik R. Rothwell, 24, of Ellendale on multiple criminal charges after the men allegedly engaged in a physical altercation involving a gun and attempted to flee from troopers.  

About 1 a.m., Dec. 25, troopers were dispatched to Big Chill Surf Cantina on Route 1 outside Rehoboth Beach for a fight in progress. Reports indicated two individuals were struck in the face with a pistol, and one suspect fired a weapon. The suspects fled in a red Mitsubishi Outlander SUV before troopers’ arrival. As a trooper was traveling southbound on Route 1, the suspect vehicle was observed turning onto Route 1 as it exited the parking lot of Big Chill Surf Cantina.

The trooper conducted a traffic stop on the Mitsubishi, and a strong odor of marijuana was detected. As the trooper approached the vehicle, the front-seat passenger, Daniels, exited the vehicle. As the trooper attempted to take Daniels into custody, police say he tried to flee from the trooper and resisted arrest. After a short time, Daniels was taken into custody and searched. Police say a 9 mm bullet was found on his person. At the same time, police say, the rear passenger, Rothwell, exited the vehicle and was unsuccessful in attempting to flee from the police. Rothwell was apprehended and placed under arrest.  

Once the suspects were in custody, a search of the vehicle was conducted, with the following items located inside:

• One Ruger EC9S 9 mm semiautomatic handgun with eight 9 mm rounds in the gun’s magazine
• Approximately 6.02 grams of marijuana
• One Colt Detective Special .38 special revolver containing five loaded .38 special rounds
• One .38 special casing
• Approximately 0.077 grams of heroin

The investigation determined a 23-year-old female and 23-year-old male were exiting the Big Chill Surf Cantina when they were confronted by Daniels and Rothwell. An argument ensued, which resulted in Daniels allegedly striking the male victim in the head with a closed fist multiple times. As the female victim attempted to break up the fight, police say Daniels began physically assaulting her before he and Rothwell brandished firearms, began pointing them at the victims and threatened to kill them. Daniels then allegedly struck the victims in the face with the handgun. During the fight, police say Rothwell pointed a gun in the air and fired one round before the suspects fled the scene in the red SUV, which police later stopped.

Daniels was charged with:

• Three counts of possession of a firearm during the commission of a felony 
• Possession of a firearm by a person prohibited
• Two counts of second-degree assault 
• Two counts of aggravated menacing
• First-degree conspiracy 
• Terroristic threatening
• Resisting arrest
• Possession of marijuana.

Daniels was arraigned in Justice of the Peace Court 3 and committed to Sussex Correctional Institution on $84,100 secured bond.

Rothwell was charged with:

• Three counts of possession of a firearm during the commission of a felony 
• Possession of a firearm by a person prohibited
• Two counts of first-degree reckless endangering
• Two counts of aggravated menacing
• First-degree conspiracy 
• Terroristic threatening
• Resisting arrest
• Possession of a controlled substance
• Possession of drug paraphernalia.

Rothwell was arraigned in Justice of the Peace Court 3 and committed to Sussex Correctional Institution on $107,200 secured bond.