By Craig Anderson

DOVER - In Delaware Supreme Court, attorneys on Wednesday argued the merits of a Dover man’s firearm-related conviction for actions during a political rally and counter-protest in 2020.

Representing Michael Hastings, attorney Zach George maintained, among other contentions, that a first-degree reckless endangering guilty finding was invalid due to an incorrect definition of “substantial risk of death” presented to the jury.

Deputy Attorney General David Skoranski represented the State, which had summarized to the Court in documents that “The Defendant did not object to the jury instructions and the Superior Court provided the jury with a sufficient definition of “substantial risk” for the reckless endangering charge.

Mr. Skoranski and Mr. George made their arguments before Chief Justice Collins J. Seitz Jr., and Justices Karen L. Valihura and James T. Vaughn Jr.
The session last around 30 minutes, and the Justices said they would take the arguments under advisement before announcing an opinion at an undetermined time in the future.

According to a statement of fact presented to the Supreme Court on July 1, the incident stemmed from a political rally Hastings attended on Sept. 24, 2020.

In the statement, Hastings’s counsel said he had attended a political rally in New Castle County in support of then Republican candidate for the United States Senate Lauren Witzke. Counter-protesters in support of Black Lives Matter were across the street, counsel said.

Hastings was openly carrying a firearm at the rally, according to counsel, and three counter-protesters reported that they felt in danger as a result.

He was not arrested at the time and left the rally when it ended, the statement said.

The State maintained that Hastings pointed the firearm at others during the counter protest.

Hastings, 60 at the time, was later indicted on one count each of first-degree reckless endangering, and possession of a firearm during the commission of a felony. He was convicted on both charges on Sept. 30, 2021.

According to the State, Hastings was sentenced on Feb. 18, 2022 to four years of Level V incarceration followed by two years of Level III probation, effective Sept. 30, 2021. He’s currently being held at James T. Vaughn Correctional Center.