January 16, 2018
the State's Motion to Sever. Granted.
Stephen E. Smith, Esquire of the Department of Justice,
Dover, Delaware; attorney for the State.
D. Donovan, Esquire of the Office of Conflict Counsel, Dover,
Delaware; attorney for Defendant Daymien J. Robert.
M. Beauregard, Esquire of Brown Shiels & Beauregard,
Dover, Delaware; attorney for Defendant Avery Maxwell.
P. Tray, Esquire of the Law Office of Kevin P. Tray,
Wilmington, Delaware; attorney for Defendant Terrance Stokes.
William L. Witham, Jr. Resident Judge
the Court is the State's Motion to Sever the trials of
co-defendants Daymien Robert, Terrance Stokes, and Avery
Maxwell. The Defendants are charged with Home Invasion.
Robbery Second Degree, Wearing a Disguise During the
Commission of a Felony, Theft of a Motor Vehicle, and
Conspiracy Second Degree. The Defendants oppose the
State's motion on the grounds of untimeliness, speedy
trial rights, and judicial economy. This constitutes the
June 5, 2017, the Defendants were indicted together and
charged with Home Invasion, as well as other related offenses
arising from a single event. Namely, it is alleged that the
Defendants operated in concert to break into the victim's
home, remove items therefrom, and depart with the
December 14, 2017, Defendant Robert confessed, in a recorded
interview, to the crimes indicated in the indictment. His
confession implicated Defendants Maxwell and Stokes.
January 3, 2018, the State filed a Motion to Sever requesting
that the Court sever the three Defendants' joint trial
into three separate trials.
January 11, 2018, Defendant Stokes filed his response in
opposition to the State's motion. Defendants Maxwell and
Robert agree that severance should not be granted for the
reasons stated in Defendant Stokes' response.