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State v. Remedio

Superior Court of Delaware, New Castle

December 31, 2014

STATE OF DELAWARE,
v.
DANIEL R. REMEDIO, Defendant

Submitted: October 6, 2014.

Page 327

Upon Defendant, Daniel R. Remedio's, Motion for Sentence Modification.

Zoe Plerhoples, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, for the State of Delaware.

Michael W. Modica, Esquire, Wilmington, Delaware, for Defendant Daniel R. Remedio.

Page 328

OPINION AND ORDER

Paul R. Wallace, Judge

I. Introduction

Before the Court is Defendant Daniel R. Remedio's (" Remedio" ) motion for sentence modification. Remedio, who is serving an aggregate five-year term of incarceration for domestic assault with a weapon and related offenses, asks the Court to reduce the length of his imprisonment. For the reasons stated below, Remedio's application is DENIED.

II. Factual[1] and Procedural Background

The record reflects that, on January 7, 2013, Remedio was arrested for multiple offenses related to: an assault on his wife during which he struck her in the head with a bottle; the menacing of his wife, step-daughter and step-granddaughter with a large knife; and other acts of threatening and endangering of the three.

The trouble began on January 6, 2013. Remedio had been drinking most of that day and night while picking arguments with his wife, ER,[2] regarding her adult daughter, EA. At one point, Remedio locked ER out of the house. When she attempted to get in using a spare key, Remedio assaulted her, causing ER to fall backwards down some steps and to hit her head on concrete. ER was able to gather herself and get back inside. This time, Remedio struck her on the side of her head with an empty wine bottle. The bottle caused a severe laceration which later had to be closed with several staples.

After striking ER, Remedio grabbed a large kitchen knife and threatened to kill her nine-year-old granddaughter, EC. Remedio went to EC's bedroom, where he was intercepted by EA. The fracas ensuing between the three adults moved back to the kitchen/dining area. There Remedio shattered furniture, threatened his wife ...


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