Held: January 23-24, 2018
the Defendant's Motion for Judgment of Acquittal and
Decision After Non-Jury Trial Held Before the Honorable
William L. Witham, Jr.
Stephen E. Smith, Esquire of the Department of Justice,
Dover, Delaware; attorney for the State of Delaware.
M. Beauregard, Esquire of Brown Shiels & Beauregard, LLC,
Dover, Delaware; attorney for the Defendant.
William L. Witham, Jr. Resident Judge
The Defendant's Motion for Judgment of Acquittal
the Court addresses the individual charges brought against
the Defendant, Erick J. Wyatte, the Court will address Mr.
Wyatte's Motion for Judgment of Acquittal, that was
raised at the end of the bench trial in this matter. Mr.
Wyatte contends that he is entitled to judgment of acquittal
in this case because the State allegedly failed to provide
him with necessary discovery that he requested prior to
trial. The Court declines to address the merits of Mr.
Wyatte's contention, however, because, as the Court
previously explained, trial is not the appropriate time to
raise disputes with respect to alleged discovery violations.
Mr. Wyatte should have, and certainly could have, raised his
concerns with the Court well in advance of trial. As he did
not, the Court deems his arguments as waived. Nevertheless,
in doing so this Court has weighed the relevant factors in
affording the required discovery and finds that the equities
favor the State.
The Court's Bench Decision
to Superior Court Criminal Rule 23(a), Mr. Wyatte requested a
non-jury trial. The Court, after a searching inquiry of Mr.
Wyatte's right to a jury trial, approved his waiver of
that right, as it was knowing and voluntary, and conducted a
trial in accordance with Superior Court Criminal Rule 23(c).
The Defendant is charged with the following charges:
Count 1: Non-Compliance with Bond, a felony, in violation of
11 Del. C. § 2113.
Count 2: Fleeing and Eluding, a felony, in violation of 21
Del. C. § 4103.
Count 3: Assault in the First Degree, a felony, in violation
of 11 Del. C. § 613.
Count 4: Vehicular Assault in the First Degree, a felony, in
violation of 11 Del. C. § 629.
Count 5: Driving While Suspended or Revoked, a misdemeanor,
in violation of 21 De ...