Hume, IV, Esquire, Georgia C. Pham, Esquire, Department of
P. Daniello, Esquire, Michael A. Capasso, Esquire, Office of
the Public Defender.
my decision after the bench trial of defendant A. J.
Defendant is charged with:
(1) Murder in the First Degree; and
(2) Possession of a Firearm During the Commission of a
charges relate to the murder of Darrin Gibbs on November 16,
Michelle Wolf-Wolf is a nurse who was driving to her
home in Millsboro when she saw Darrin lying on his stomach on
West Monroe Street. Wolf was the first known person on the
scene and testified about what she saw.
Stephen Schroeck-Schroeck is a Delaware correctional
officer who was on his way home and pulled up behind Wolf,
who was stopped in the roadway. Schroeck testified about what
Delaware State Police Detective Mark Csapo -
Detective Csapo is a detective in the homicide unit of the
Delaware State Police. Detective Csapo was the lead
investigator and he testified about his investigation.
Delaware State Police Officer Roger Cresto - Officer
Cresto is a crime scene investigator in the homicide unit of
the Delaware State Police. Officer Cresto testified about
evidence that he recovered at the i scene and from Damn's
Keshawn Gibbs - Keshawn Gibbs is also known as
"Geek" or "Geeker." Keshawn Gibbs knew
Darrin and Kenton Williams very well. Keshawn Gibbs was
Damn's first cousin and he had known Darrin his whole
life. Keshawn Gibbs grew up with Kenton Williams, attended
school with Kenton Williams, partied with Kenton Williams,
and lived in the same neighborhood as Kenton Williams.
Keshawn Gibbs did not know the Defendant well, testifying he
had only met the Defendant one time before Darrin's
murder. Keshawn Gibbs testified about a rumor that Darrin,
Kenton Williams and the Defendant had robbed a drug dealer
and a conversation he had with Kenton Williams and the
Defendant about it.
Ashley Donaway - Ashley Donaway was in a
"friends with benefits" relationship with Kenton
Williams. Ashley Donaway testified about the day of November
16, 2016, which included spending the evening partying with
Kenton Williams in a room at the Classic Motel in Georgetown,
Delaware, the three trips she took with Kenton Williams to go
to the Millsboro Village Apartments, and a trip she took the
next day to a motel in Seaford where she saw Kenton Williams
and the Defendant. The first trip to the Millsboro Village
Apartments was to get "Little Bro's" clothes.
The second trip to the Millsboro Village Apartments was to
get "Little Bro." The third trip to the Millsboro
Village Apartments was to take Kenton Williams there so that
he could get a green box car. Ashley Donaway also testified
about (1) seeing Kenton Williams and "Little Bro"
in a motel by the Arby's in Seaford the next day, (2)
seeing Kenton Williams and "Little Bro" leave the
motel in a green box car and go to the Millsboro Village
Apartments, (3) driving herself from Seaford to the Millsboro
Village Apartments, (4) taking Kenton Williams back to the
motel in Seaford and checking out, (5) seeing Kenton Williams
go to a residence and recover a duffle bag from a shed, and
(6) seeing the contents of the duffle bag. Ashley Donaway did
not know the Defendant and did not know who "Little
Bro" was, but she told Detective Csapo that "Little
Bro" also went by "South" and lived in the
Millsboro Village Apartments with his girlfriend who has a
Mahifal Sinh-Surubha - Sinh-Surubha is an assistant
manager at the Classic Motel in Georgetown, Delaware.
Sinh-Surubha had a document showing that Ashley Donaway
rented a room at the Classic Motel on November 16, 2016.
Detective David Mover - Officer Moyer is a Millsboro
Police Officer and he was the first police officer on the
scene of Damn's murder. Moyer testified about what he
Billie Jo Elliott - Elliott is the property manager
at the Millsboro Village Apartments. Elliott testified about
the video at the apartments.
Robert Legates - Officer Legates is a Millsboro
Police Officer who recovered the video for November 16, 2016
for the Millsboro Village Apartments. Legates also testified
about the layout of the nine buildings in the apartment
Kenton Williams - Kenton Williams is also known as
"Meatball." Kenton Williams and Darrin were friends
who had known each other for over 10 years. Kenton Williams
and Darrin hung out together and engaged in criminal acts
together. Kenton Williams also knew the Defendant and,
according to the Defendant's girlfriend, was one of the
Defendant's few close friends in Delaware. Kenton
Williams testified (1) about he and the Defendant robbing a
drug dealer named "Cos," (2) meeting with the
Defendant and Keshawn Gibbs to discuss the robbery, (3)
spending the night with Ashley Donaway at the Classic Motel
on November 16, 2016, (4) the three trips he and Ashley
Donaway took to the Millsboro Village Apartments that night,
(5) going to the Millsboro Village Apartments on the third
trip to get the Defendant's girlfriend's green Scion
and taking it back to the Classic Motel, (6) taking the
Defendant to the Super 8 Motel in Seaford the next day and
the Defendant throwing a black bag with a gun in it over the
side of a bridge, and (7) hiding and recovering the duffle
bag and its contents that he had gotten from the Defendant on
the first trip that he and Ashley Donoway made to the
Millsboro Village Apartments. Kenton Williams identified the
three men leaving the Millsboro Village Apartments at
approximately 11:37 p.m. as Albert Green, Darrin and the
Defendant, and the two men returning to the Millsboro Village
Apartments at 11:55 p.m. as Albert Green and the Defendant.
Kenton Williams also testified that the Defendant told him
that Albert Green was with the Defendant when the Defendant
murdered Darrin. Kenton Williams also testified about
admissions the Defendant made to him regarding Darrin's
murder. These admissions included the Defendant telling
Kenton Williams that (1) "he"- meaning Darrin -
"has gotta go," (2) that "I did it for the
both of us," and (3) that he dropped a bullet at the
scene of Damn's murder.
Albert Green - Green is known as "LT."
Green had known Darrin for about a year and the Defendant for
a couple of months. Albert Green testified about the evening
of November 16, 2016. Albert Green testified that he, Darrin
and the Defendant left the Millsboro Village Apartments to go
see Darrin's people to buy drugs. They walked in the
direction of where Darrin was later found. Albert Green broke
off from Darrin and went to the Brandy wine Apartments to buy
some weed. Albert Green came out of the Brandywine Apartments
and met up with the Defendant and went back to the
Defendant's girlfriend's apartment in the Millsboro
Village Apartments. Albert Green identified the men on the
video at 11:37 p.m. as himself, Darrin and the Defendant, and
on the video at 11:55 p.m. as himself and the Defendant.
Albert Green denied being present when Darrin was murdered.
Terry Toomey - Toomey is an inmate at the Sussex
Correctional Institution. Toomey and the Defendant were
cellmates for two to three weeks in 2017. Toomey testified
that the Defendant told him that he shot "Gank" in
the back of the head by the baseball field in Millsboro.
Keith Collins - Officer Collins is in the evidence
unit at the Delaware State Police. Collins testified about
taking a small black handbag with a gun in it from a scuba
diver who had just recovered it from Williams Pond on June 7,
Joshua Riley - Officer Riley is a detective in the
Delaware State Police intelligence unit. Officer Riley is
also a member of the Delaware State Police scuba team.
Officer Riley testified about finding a black bag with a
handgun in it in seven feet of water by a small bridge over
Williams Pond in Seaford.
Nick Leno - Officer Leno is a detective with the
Delaware State Police Forensic Firearm Services Unit. Officer
Leno testified about receiving the unflred bullet and fired
shell casing recovered from the scene, the fired bullet and
fragments recovered from Damn's head, and the black bag
and handgun recovered from Williams Pond.
James Cadigan - Cadigan is a firearms and toolmark
examiner with the Delaware State Police Forensic Firearms
Support Unit. Cadigan testified that the fired shell casing
recovered from the scene was fired from the gun recovered
from Williams Pond and that he could not rule one way or the
other whether the fired bullet recovered from Damn's head
was or was not fired from the gun.
Shernell Perry - Shernell Perry was the
Defendant's girlfriend. The Defendant called her
"Moca" or "Nell." Shernell Perry had
exchanged letters with the Defendant for two and a half to
three years while he was incarcerated in North Carolina.
Shernell Perry visited the Defendant for nine to ten months
while he was in North Carolina. Eventually, the Defendant
came to stay with Shernell Perry at the Millsboro Village
Apartments. Shernell Perry testified about (1) seeing Darrin,
Albert Green and the Defendant in the breezeway outside her
apartment on the evening of November 16, 2016, (2) having an
argument with the Defendant later that night about men
hanging around her apartment with the Defendant and the
Defendant drinking and partying, (3) the Defendant packing a
black duffle bag with clothes to leave her apartment, (4)
Kenton Williams coming to pick up her green Scion to take the
Defendant away, (5) the Defendant telling her that "I
killed him," and "I did it to that boy,"
meaning Darrin, and (6) the Defendant telling her that if
Kenton Williams took the Defendant to North Carolina, Kenton
Williams would not be coming back. Shernell Perry also
testified about Kenton Williams sending his cousin over to
her apartment to recover stolen drugs.
Nicholas Potter - Potter is a correctional officer
who lived in Houston Acres, which is near where Darrin was
killed. Potter testified about a man named "JR,"
who is James Lewis, telling him that the man who got killed
had stolen $500 from someone that morning who threatened to
Katie Kilian - Kilian lived with Nicholas Potter and
offered similar testimony as Potter about what "JR"
Jennie Vershovsky. M.D. - Dr. Vershovsky performed
the autopsy on Darrin. Dr. Vershovsky did not testify.
Instead, the parties stipulated to the admission of her
autopsy report into evidence.
Gibbs, a 30-year-old male, was found by a motorist on her way
home from work lying on his stomach with his face to his side
on West Monroe Street near its intersection with Houston
Street in Millsboro, Sussex County, Delaware, at
approximately 11:50 p.m. on November 16, 2016. Damn's
hands were still in his pockets and he appeared to be dead
from a gunshot wound to the back of his head. No one else was
around. The motorist called 911 and the police arrived within
minutes. Darrin was also known as "Gank" or
"Gankster." Houston Acres and the Mill Chase
Apartments are near the scene. The Millsboro Village
Apartments are .6 of a mile away. The Defendant lived with
his girlfriend, Shernell Perry, at the Millsboro Village