Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Anderson

Superior Court of Delaware

July 11, 2017

STATE OF DELAWARE
v.
WILLIAM D. ANDERSON, Defendant.

          Submitted: June 9, 2017

         Upon Defendant's Motion for Modification of Sentence: DENIED

         Upon Defendant's Motion for Correction of Illegal Sentence: DENIED

         Upon Defendant's Motion for New Trial: DENIED

          Abigail M. LeGrow, Judge.

         This 11th day of July, 2017, upon consideration of William D. Anderson's Motion for Modification of Sentence (the "Modification Motion"), Motion for Correction of Illegal Sentence (the "Correction Motion"), Motion for a New Trial (the "Trial Motion"), and the record in this case, it appears to the Court that:

         1. Anderson was convicted on January 28, 2015 of Assault Second Degree. The assault charge involved an altercation between Anderson and Gary Staffieri, who was Anderson's coworker at the Auto Mart in Elsmere, Delaware. At trial, Staffieri testified Anderson approached Staffieri while he was retrieving a battery from a back room and the next thing Staffieri remembered was waking up outside with a lump on his head. Another co-worker, Ricardo Reyes, testified that he witnessed the incident between Anderson and Staffieri, that Staffieri struck Anderson with his knee, and that Anderson then pushed and struck Staffieri. Reyes left the scene to get a supervisor and, when he returned, saw Staffieri having seizures, shaking, and with a large lump on his head. Finally, Elsmere Police Officer Andrew Davis testified that he interviewed Staffieri while he was receiving treatment at the hospital and that Staffieri reported that Anderson struck him in the head.

         2. In his defense, Anderson called the owner of Auto Mart, Allan Bobb, who testified that Staffieri's demeanor was unusual on the day of the incident and that Staffieri admitted drinking alcohol that morning. Anderson also testified in his own defense. He admitted striking Staffieri, but stated he only did so because Staffieri kneed him in the abdomen. The jury found Anderson guilty of assaulting Staffieri.

         3. On February 20, 2015, after trial but before sentencing, the trial judge received a letter from a juror (the "Juror Letter"), who stated she felt "very unsettled about the 'guilty' verdict."[1] The juror indicated she "felt Mr. Staffieri was equally, if not MORE at fault since he had been drinking that morning and is the one who offered the first 'knee to the groin[.'] . . . [I]t felt terribly wrong pinning the charge solely on Mr. Anderson."[2] The juror continued:

During deliberations, there were 3 points in the packet of information that I sensed corralled us into a guilty verdict, and regardless of what the "law" states, that was unjust, to say the least. Again, I felt they were both at fault.
Having said all of that, I hope that justice is served equally somehow, and that Mr. Anderson does not receive the full weight of what should be appropriated to both men in this case.[3]

         The trial judge forwarded the letter to the parties upon receipt.

         4. After his conviction, Anderson was sentenced on May 29, 2015 to eight years at Level V, with credit for 30 days previously served, suspended after three years for decreasing levels of partial incarceration and probation.[4] Pursuant to 11 Del. C. § 4204(k), the sentencing judge ordered Anderson to serve the unsuspended Level V portion of his sentence without the benefit of any form of early release. Under Section 4204(k)(1), this Court may "direct as a condition to a sentence of imprisonment . . . that all or a specified portion of said sentence shall be served without benefit of any form of early release, good time, furlough, work release, supervised custody[, ] or any other form of reduction or diminution of sentence."

         5. The Delaware Supreme Court affirmed Anderson's conviction and sentence on appeal.[5] Since that time, Anderson has filed motions for postconviction relief and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.