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State v. Davis

Superior Court of Delaware, New Castle

March 3, 2015

STATE OF DELAWARE, Plaintiff,
v.
WILLIAM E. DAVIS, JR., Defendant.

Submitted: January 29, 2015

Jan A. T. van Amerongen, Jr., Esquire, Deputy Attorney General, Wilmington, Delaware, for the State of Delaware.

David Skoranski, Esquire, Assistant Public Defender, Wilmington, Delaware, for Defendant.

RESTITUTION OPINION AND ORDER

Lynne M. Parker Commissioner

At sentencing, the court permitted the State to seek restitution in this case. A restitution memorandum was filed on October 3, 2013, in which the State submitted detailed documentation seeking a restitution award of $4, 902.00 in favor of the victim, Frances P. Mulherin, for items missing from her residence.

A restitution hearing was held on January 29, 2015.

At the hearing, Defendant William E. Davis, Jr. disputed that restitution could be awarded for any of the items missing from the victim's residence, with the exception of the firearm. In the event, however, that the court disagreed and was inclined to award restitution for the other missing items, the Defendant stipulated as to the amount of the restitution award -$4, 902.

For the reasons discussed below, restitution is hereby awarded in favor of Frances P. Mulherin and against Defendant Davis in the stipulated amount of $4, 902.00.

BACKGROUND AND PROCEDURAL HISTORY

Defendant was a helper for a house painter that was painting the house of the victim, Frances P. Mulherin. Defendant was left unattended for periods of time at Ms. Mulherin's house over a three day period- May 7-9, 2013. On May 10, 2013, Ms. Mulherin noticed that a firearm and jewelry were missing from her residence. Shortly thereafter, she also noticed that money and prescription medication were also missing.

On May 11, 2013, the police were called to Defendant's residence because a firearm had been fired. The firearm that had been fired by Defendant was the firearm which Ms. Mulherin had reported missing from her residence. The firearm which Defendant stole from Ms. Mulherin had been in Ms. Mulherin's nightstand drawer in the master bedroom suite.

The master bedroom suite was not an area of the house that was to be painted and there was no legitimate reason for Defendant to have entered that bedroom suite.

Other missing items, jewelry and prescription medication, were also taken from the master bedroom suite. The jewelry was kept in a jewelry box in the master bedroom a few steps from the nightstand (where the firearm was kept). The prescription medication was kept in the master bathroom a few steps from the nightstand and jewelry box.

Since the prescription medication, when filled, was only a two week supply, Ms. Mulherin was able to determine that the prescription medication must have been taken during the time ...


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