Submitted: January 18, 2018
Mayers, Deputy Attorney General Attorney for the State of
K. Wolpert, Esquire Attorney for Defendant
K. WELCH JUDGE.
took place in this matter on Monday, January 8, 2018 in New
Castle County Court of Common Pleas at which time the Court
reserved decision. Defendant was charged by Information filed
by the Attorney General, two (2) Counts; one (1) Count
Assault 3rd in violation of 11 Del.C.
§611(1) and One (1) Count Criminal Mischief in violation
of 11 Del.C. §811(a)(1) in New Castle County on
July 3, 2017.
to trial the State Moved into Evidence photographs of the
alleged victim, numbered joint Exhibits 1-17 with no
objection by the defendant. During the trial the State also
moved into evidence photographs marked as State's 1 and 2
without objection. The defense moved in an additional exhibit
as Defense 1 which was received and moved directly into
evidence without objection by the State. This is the
Court's Final Decision and Order.
Ortiz ("Ortiz"), the alleged victim was sworn and
testified as part of the State's case-in-chief. Ortiz is
28 years old, lives in Wilmington, Delaware, but was
originally from New Jersey. Ortiz lived at 620 W.
9th Street previously with the defendant Darrick
L. Fisher ("defendant") on July 3, 2017, the date
of the incident.
3, 2017 both the defendant and Ortiz were at pool party in
Philadelphia, Pennsylvania. The parties were drinking
alcoholic beverages and got into a verbal disagreement. They
returned to their place of residence set forth above at 620
W. 9th Street. Both were present approximately at
the residence for 10-15 minutes watching TV when the
defendant "ran down the steps" and "quickly
out the door, " and then drove off in his motor vehicle.
Ortiz claims she exclaimed, "Where are you going?"
The defendant "then peeled off' in his motor
vehicle. Ortiz described the controversy as fighting over
"ridiculous things." Ortiz went outside the
residence to look for the defendant and found that when she
returned the front door of the residence at 620 was locked.
Ortiz could not enter and return into 620 W. 9th
Street. Ortiz then went to the sister of the defendant's
house and requested assistance. Ortiz informed her that
"Darrick had locked her out of the house." Ortiz
and the defendant's sister then returned to the home;
stood on a box and entered into the rear of the residence.
Five (5) minutes later defendant showed up and Ortiz and the
defendant began arguing once again.
claims the defendant choked her and grabbed her in the face
which caused blood to protrude from her nose. Later Ortiz
awoke at 3:00 AM July 4th in the morning and
realized the defendant was now not in the residence. Ortiz
called the defendant on her cell phone. According to her cell
phone, Ortiz testified, the defendant had checked in at the
Sheraton Hotel "up the street". Ortiz later learned
that the defendant then changed his location by using of the
location device on her cell phone indicated that the
defendant was now in Newark, Delaware. Ortiz then sent the
defendant an email which was marked and received into
evidence as "Joint Exhibit 1."
questioned the defendant why he left the Sheraton. Ortiz
traced her phone and drove to that location in Newark. Ortiz
observed the defendant's motor vehicle in front of a
residential home. Ortiz pulled up and walked into the front
door of the residence because she heard a "loud
pinging" on her cell phone device which indicated
defendant's cell phone was in this residence. A woman
walked out "half-naked" past the defendant and
Ortiz exclaimed "Are you kidding me?" Ortiz
testified her emotions at that moment were "very
high." The defendant then went to side door and exited
through the car port of that residence. Ortiz exclaimed
"Who is she?" The defendant allegedly then punched
Ortiz in the face. Ortiz fell on the ground and dropped her
cell phone. According to Ortiz, defendant then straddled her
on the floor and began "punching her." Ortiz then
kicked and punched him to fight back but she was being
assaulted on the floor and it was "hard to defend
herself. Ortiz had her arms up and pushed and straddled the
defendant in order to stop him from beating him. According to
Ortiz, she asked the defendant "Why are you putting your
hands on me?"
defendant then again exited that Newark house. The defendant
threw Ortiz's cell phone down the street and yelled to
Ortiz "Call the cops now". Defendant then exited
the side of his motor vehicle and allegedly slammed
Ortiz's body on the road. The defendant kept punching and
kicking Ortiz on the street. Defendant then entered into his
motor vehicle and drove away. Ortiz followed the defendant on
1-95 and exited 7-A. The defendant traveled into the Capital
Parking Garage where he worked. Ortiz followed him directly
through the turn-styles. When they met again, defendant
allegedly grabbed Ortiz by her arms and pulled her out the
car and "began punching her". Ortiz testified she
stated "I'm going to call the cops." The
defendant then got into his motor vehicle and drove away
point, Ortiz traveled back to 620 W. 9th Street,
Wilmington and called the police by dialing 9-1-1.
parents picked her up four (4) hours later with a U-Haul and
Ortiz moved out of the defendant's residence at 620 W.
5, 2017 Ortiz testified her 'head hurt", her
"body ached", her "eyes hurt", her head
was "pounding", her knees and legs "hurt"
and that she had a large bruise on the top of her head. Joint
Exhibits 2-17 were shown to Ortiz. The summary of those
exhibits is outlined below.
sought medical treatment due to the tender spot on her head.
A Wilmington Police Department female police officer took the
pictures previously marked joint Exhibit 1-18. Ortiz
testified she had "constant migraines" and
"pressure on the top of her head"; her "knees
hurt" and her hip was "throbbing". According
to Ortiz, none of these bruises were present prior to the
night in question when the defendant subsequently allegedly
punched and assaulted her.
testified she then drove to New Jersey because she was
embarrassed to go to the Wilmington Hospital because she
"worked there." Ortiz was subsequently examined by
a nurse in New Jersey.
cross-examination Defense counsel presented to Ortiz
Defendant's Exhibit 1, which was moved into evidence. It
is a photo taken of Ortiz on July 6, 2017, which included her
face which the defense contends indicated there were no
bruises or marks on her face.
cross-examination, Ortiz testified she and the defendant were
drinking at the pool party. Ortiz testified defendant's
sister helped her "break into the home" to get her
property and the defendant, when he subsequently arrived
stated "I don't need this anymore." Ortiz
admitted she grabbed the defendant to prevent him from
leaving the residence. Ortiz also agreed she sent an email to
the defendant that stated "Thank you, you piece of
shit." The email also indicated, "I will be there
bright and early in the morning." Ortiz, according to
the defendant, called the Sheraton at 3:00 AM and kept
following the defendant throughout the entire night. Ortiz
conceded her emotions "were high" when she arrived
at the Newark house and saw the "other woman".
Ortiz also testified the defendant punched her in the face
with a closed fist and then she told him "I'm
calling the cops." Ortiz also testified on
cross-examination that she moved out on July 4, 2017 with
assistance from her mom and sister using a rented U-Haul.
redirect examination, Ortiz testified Defense Exhibit 1 has a
"poor shade" and the photograph didn't show the
actual physical marks on her face.
Dominic Brown ("Officer Brown") was sworn and
testified. Officer Brown is a Wilmington Police officer who
has been employed for three (3) years with the Wilmington
Police Department. Officer Brown has been in the particular
Enforcement Unit for seven (7) years with the Wilmington
Police Department. She handles domestic incidents and
criminal complaints. On July 6, 2017 Officer Brown was
working when Ortiz came into the Wilmington Police Station.
He interviewed Ortiz. Ms. Ortiz was then photographed by a
female police officer in accordance with Wilmington Police
Department policy. Officer Brown subsequently complied a
police report and a female police officer, Officer Mobley,
actually took the photos of Ortiz. According to Officer
Brown, Ortiz freely spoke with him and explained what
happened during the evening. Officer Brown testified that had
he known that many of the events occurred in question outside
Wilmington, he believed matter would have been within the
Delaware State Police jurisdiction or New Castle County
cross-examination Officer Brown testified he completed the
Police Report and Officer Mobley took the photographs at
approximately 9:30 on July 6, 2017. According to Officer
Brown, defendant punched Ortiz with a closed fist. He was
told it was disputed verbal disagreement that ended up in
actual violence between the parties.
redirect examination, Officer Brown testified Ortiz was in a
"very emotional" and "irate" and that
"a lot was going on." Officer Brown also indicated
Ortiz was "very emotional" when she entered into