DEWEY BEACH — A Dewey Beach Police officer was justified in using deadly force when fatally shooting a fleeing man last year, an investigation has determined.
The Delaware Department of Justice on Wednesday released it findings on an incident that left Rodney K. Robinson II, 21, of Milford, dead on March 19, 2022.
The department’s Division of Civil Rights and Public Trust found that Patrolman Dylan Ebke “reasonably felt in fear for his own life, and the life (of another officer) when discharging his firearm.
The report noted that Robinson “reached a fence line, was unaffected by the Taser, turned towards Ofc. Ebke, pulled up his sweatshirt, and put his hand in his waistband where Ebke saw a bulge near where he previously saw the handle of a handgun.
Additionally, according to the findings, “the officers were aware from both their observations and the observations of several others (relayed to them) that Robinson was armed.”
Investigation reviewed a case that began with Mr. Robinson arriving at the Starboard Restaurant and Bar on the night of March 18, according to the report. An acquaintance, according to the report, saw “that Robinson had a handgun tucked into the right waistband of his blue jeans. Starboard security video footage shows Robinson later displaying the handgun inside of Starboard.”
The report described Mr. Robinson as leaving the Starboard’s front entrance at 1:13 a.m. “when a security officer noticed he possessed a gun. The security officer alerted a contingent of Dewey Beach Police officers who were gathered in the area.”
A foot pursuit ensued and Mr. Robinson was not apprehended, the report read.
According to investigation, Mr. Robinson returned to the Starboard about an hour later and “At this time, a Starboard manager placed a 911 call to notify police that the same subject from earlier had returned to the business.”
The Dewey Beach Police attempted another apprehension, the report said and “Robinson refused commands to stop and ran into an alley behind Izzy Plaza. Robinson reached a fence that blocked egress through the alley, and he was unable to continue his flight.”
At that point, the report said police “gave commands for Robinson to stop and show his hands.”
According to findings, Mr. Robinson turned toward police officers and a Taser was deployed on him and “neither officer observed to have any effect on Robinson.”
Ofc. Ebke “stated that Robinson then used his left hand to lift his sweatshirt and began reaching with his right hand toward a bulge in his right waistband. Ofc. Ebke further stated he believed the bulge was a firearm.
“Subsequently, Ofc. Ebke fired one round from his departmental firearm toward Robinson.”
Following the discharge, “Both officers then sought cover by running through a breezeway to Coastal Highway. Robinson continued his attempt to flee by running out of the same end of the alley he had entered.
“Robinson collapsed in the rear yard of a residence behind the Starboard. Robinson had been struck by the single shot that Ebke fired.”
Upon locating Robinson, the report said “officers attempted lifesaving measures by administering CPR and connecting an Automatic External Defibrillator retrieved from the Starboard. Sussex Co. EMS personnel assumed lifesaving measures and transported Robinson to Beebe Hospital where he was pronounced dead upon arrival.
“Police later learned that Robinson had pending criminal charges related to his fleeing the Delaware State Police in a vehicle in March of 2021.”
The Division of Civil Rights and Public Trust pointed to law that now requires “a public report on the use of force include the race of the law enforcement officer who used force, the race of the individual on whom force was used, and whether race was a relevant or motivating factor.
“Ofc. Ebke is a white male. Mr. Robinson was a Black male.
“There is no evidence to suggest that race was a relevant or motivating factor in the use of force in this case.”
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