Submitted: August 27, 2019
Below-Superior Court of the State of Delaware Cr. ID Nos.
1709006495 (N) & 1712003000 (N)
VAUGHN, SEITZ, and TRAYNOR, Justices.
COLLINS J. SEITZ, JR. JUSTICE
consideration of the appellant's Supreme Court Rule 26(c)
brief, the State's response, and the record on appeal, it
appears to the Court that:
June 13, 2018, after a two-day trial in Criminal ID No.
1709006495, a Superior Court jury found the appellant,
Eudaldo Navarro, guilty of menacing as a lesser included
offense of aggravated menacing and second degree unlawful
imprisonment as a lesser included offense of first degree
unlawful imprisonment. As discussed in more detail below,
these convictions arose from Navarro's actions against
his wife in September 2017.
August 6, 2018, Navarro pled guilty in Criminal ID No.
1712003000 to second degree attempted kidnapping, aggravated
menacing, and second degree conspiracy. These convictions
arose from armed strangers, at Navarro's behest, forcing
Navarro's wife and children to leave their home to go to
Navarro in December 2017.
Superior Court sentenced Navarro in both criminal cases to a
total of twenty-three years and one month of Level V
incarceration, suspended after six years for decreasing
levels of supervision. This is Navarro's direct appeal.
the trial in Criminal ID No. 1709006495, Navarro's wife
testified that she and Navarro were separated as of September
2017. Navarro was not a U.S. citizen and was not legally in
the U.S. On September 8, 2017, Navarro's wife came home
to find Navarro there with their children. Navarro wanted to
speak to her, but she wanted to take their children to dance
lessons. Navarro's sister arrived and picked up the
Navarro eventually convinced his wife to go inside the house
with him. He then grabbed her arm, pushed her into a bedroom,
locked the door, and threatened her. He also took away her
cell phone and car keys. He grabbed a kitchen knife and
threatened to kill her and himself. He would not let her
leave the bedroom. He repeatedly slashed a framed picture of
Marilyn Monroe that she had in the bedroom.
escape from Navarro, his wife lied to him, telling him that
she had cancer and needed to go to the hospital. Navarro took
her to the hospital in his GMC Yukon truck. During an
ultrasound procedure, she told hospital staff about
Navarro's threats. She declined their offers to call the
police. She contacted the police the next day after speaking
with her family.
After speaking with Navarro's wife, the investigating
police officer tried to contact Navarro. He went to
Navarro's workplace where he found Navarro's truck,
but not Navarro. A knife and picture of Marilyn Monroe were
in the truck. Navarro's wife identified the knife as the
one that Navarro had used to threaten her. The police were
unable to recover any fingerprints from the knife and did not
submit it for DNA testing.
Navarro's sister testified that both her brother and her
sister-in-law asked her to pick up the children on September
8, 2017. According to her, both of them seemed happy when she
picked up the children. Later that day her sister-in-law
called to say she was at the hospital because she was not
feeling well and that one of her relatives would pick up the
children. The jury found Navarro guilty of menacing as a
lesser included offense of aggravated menacing and second
degree unlawful imprisonment as a lesser included offense of
first degree unlawful imprisonment. The jury found Navarro
not guilty of terroristic threatening and possession of a
deadly weapon during the commission of a felony.
noted earlier, Navarro pled guilty to second degree attempted
kidnapping, aggravated menacing, and second degree conspiracy
in Criminal ID No. 1712003000, when Navarro instructed armed
strangers to force Navarro's wife ...