By Craig Anderson

WILMINGTON — A Delaware State Police trooper has been absolved of any criminal liability for the fatal shooting of a woman during a response in Seaford last year.

That determination came from a Delaware Department of Justice Use of Force Investigation involving the death of Kelly Rooks during a police response to a residence on March 25, 2021.

Trooper Dean Johnson discharged his firearm twice at Ms. Rooks after she first fired a shot that hit the floor in front of him. The trooper initially hit Ms. Rooks with gunfire that knocked her back onto a bed, then shot a second time when she came toward him again, according to the report.

Police and medical personnel EMT had been called to a residence in the 26000 block of Danny Drive after Ms. Rooks called 911 and said “she had been ‘poisoned’ by her neighbors and that she needed to go to the hospital.”

Upon arrival, according to the investigation, “Medical personnel asked Rooks to come with them to the hospital so she could be examined more thoroughly. She refused and she grew agitated with their presence as well as the presence of the DSP.

“Rooks left the living room and walked through the kitchen and into the back bedroom.”

A witness came from the back bedroom and described Ms. Rooks as crazy and someone who “needed to go to the hospital.”

The investigation determined that Ms. Rooks “grabbed a long gun from behind the wall, at which point Trooper Johnson and EMT personnel shouted ‘gun!’”

Ms. Rooks entered the bedroom and closed the door, and a witness who entered it and emerged “told Troopers he had ‘unloaded the gun’ and that the police ‘needed to leave now.’” The troopers responded that they could not do so, the DOJ said.

Troopers shouted commands to Ms. Rooks to “exit the room and put (her) hands up” and to “drop the gun.” According to the report, Ms. Rooks responded, “Which one of you pigs wants to die tonight?”

The DOJ investigation found that Ms. Rooks “then opened the door and raised the gun towards Trooper Johnson and fired a shot, which struck the floor in front of him. Trooper Johnson fired at Ms. Rooks and she fell backwards onto the bed. She then started advancing towards Trooper Johnson again, still holding the gun.

“Trooper Johnson fired another shot and she fell backwards, and the door closed behind her, blocking his visual again. Because he could not establish a visual on Rooks, Trooper Johnson and the other Troopers were directed out of the house and ordered to establish a perimeter by the responding supervisor.”

As part of its conclusion, the DOJ noted that, among other factors, evidence showed “that Trooper Johnson reasonably felt in fear for his own life, and the lives of others when Rooks asked, ‘Which one of you pigs wants to die tonight?’ and then raised and fired a gun at Trooper Johnson.”

The DOJ concluded that Trooper Johnson was neither negligent nor reckless in his actions, and the use of deadly force was justified.