Submitted: July 10, 2019
Written Decision: July 12, 2019
Motion for Relief from Prejudicial Joinder. Denied.
A. Chapman, Esquire and Lynn A. Kelly, Esquire, Department of
Justice, Wilmington, Delaware; attorneys for the State.
A. Hurley, Esquire, Wilmington, Delaware; attorney for the
William L. Witham, Jr. Resident Judge.
the consideration of the Defendant Ricky Hardy's
(hereinafter "Defendant"), Motion for Relief from
Prejudicial Joinder pursuant to Superior Court Rule of
Criminal Procedure Rule 14 (hereinafter "Rule
14") the Court issued its decision from the
bench and DENIED Defendant's motion.
the Court's written order to supplement its bench
decision. After considering the parties' written and oral
arguments, and the record in its entirety, it appears to the
October 12, 2018, Defendant was attending a football game at
Caesar Rodney High School located in Camden, Delaware.
During the game, a sixteen-year-old female, identified as
M.C., and her mother notified a law enforcement officer that
M.C. had been inappropriately touched on her buttocks in the
concession line by a black male wearing a white hat, despite
M.C.'s repeated commands to the individual to stop. M.C.
also reported that she observed the black male take his hands
out of his pockets and touch other girls standing in the
concession line, after he had moved away from her position in
Based on her interaction with the individual and her
observations, M.C. concluded that the inappropriate contact
could not be accidental and decided to take a picture of the
individual with her cellular telephone. Utilizing that
photograph, law enforcement was able to locate Defendant, an
African-American male, on the school grounds and confirm that
he matched the individual in the photograph. Defendant was
subsequently escorted off school property and barred from
returning to the school.
After Defendant had departed, law enforcement received
another report that a fourteen-year-old female, identified as
S.V., was also touched inappropriately by a black male
wearing a white hat. S.V. had also taken a picture of the
individual that turned out to match Defendant's
5. As a
result of M.C. and S.V.'s allegations, Defendant was
charged with four counts of Unlawful Sexual Contact in the
Second Degree, a felony, in violation of 11 Del. C.
Defendant filed his Motion to Sever the four counts on April
1, 2019. The State's response, in opposition, was filed
on June 26, 2019. Oral arguments were held on July 10, 2019
and the Court issued its decision from the bench, denying
Defendant's motion. Defendant's trial is presently
scheduled for July 15, 2019.
After the State filed its response, Defendant filed an
"Opening Brief in Support of His Motion to Sever
Charges" on July 1, 2019.
again, on July 10, 2019, Defendant filed an additional
three filings.First, Defendant filed a
"Defendant's Memorandum of Law in Opposition of
Introduction of 404 Material" Second, Defendant filed a
"[ ] Reply to State's Response Regarding the
Issuance of Severance of Counts of the
Indictment." And finally, Defendant filed a
"Motion to Strike Prejudicial
Defendant's Motion to Sever seeks to sever Counts 1 and 2
of the indictment related to the alleged incident involving
M.C. from Counts 3 and 4 of the indictment related to the
alleged incident involving S.V. ...