Delaware Office of Defense Services seeks public input as Millsboro police officer investigated

By Craig Anderson, Delaware State News
Posted 4/5/23

MILLSBORO - As investigation into a Millsboro police officer continues, the Delaware Office of Defense Services on Wednesday asked for public input regarding any potential "suspicious" interactions with department members.

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Delaware Office of Defense Services seeks public input as Millsboro police officer investigated

Posted

This story has been updated

MILLSBORO - As investigation into a Millsboro police officer continues, the Delaware Office of Defense Services on Wednesday asked for public input regarding any potential "suspicious" interactions with department members.

The Office of Defense Services, the state's  public defender,  issued a news release that cited an officer under investigation by the Delaware State Police and the Department of Justice for allegedly ingesting drugs while on duty and tampering with evidence.

Millsboro police issued a news release on the matter March 17, reporting that the alleged incident occurred Feb. 19. Police said at the time the officer was found unresponsive in a fully-marked patrol vehicle. He was transported to a local hospital for treatment of possible exposure to fentanyl, police said.

The Office of Defense Services news release asked “for members of the public, as well as current and former clients, to reach out with information about any incidents involving suspicious encounters with members of the Millsboro Police Department.”

On Thursday, Millsboro Police Chief Brian Calloway provided a statement that read:

"At this time what we can inform you and the public is this investigation only involves one officer with the Millsboro Police Department.

"This is not a systemic problem within the agency. This officer has been placed on administrative leave from the department while this is being investigated.  " 

Also, Delaware State spokeswoman Sgt. India Sturgis said, '"We are investigating this incident; however, we cannot comment on it at this time because the investigation is active."

Chief Defender Kevin O’Connell, said “The news of possible drug use while on duty and evidence tampering by this officer is certainly troubling.

“The officer’s conduct and the response to it by law enforcement and the Department of Justice has widespread ramifications for open and closed criminal cases.

“Our experience is that substance abuse issues can lead to other collateral problems that impact job performance, such as dishonesty and stealing. It is critical that any investigation in this matter be broad in scope.

“The actions of this officer and those that work with him impact both the lives of our clients who are justice-involved as well as the public trust in law enforcement in general.”

The Office of Defense Services said, “All information received will be vetted and investigated to determine whether the misconduct at the Millsboro Police Department could impact cases pending or closed.

“The sources of any information will be held confidential unless disclosure to Delaware State Police investigators is authorized.”

The Office of Defense Services said it can be contacted via email at ODStipline@delaware.gov or by calling 302-577-6031. All reports are confidential.

Mr. O'Connell added, “This is not Delaware’s first experience with a situation like this.

“In 2014, the state’s Office of the Chief Medical Examiner was embroiled in controversy following thefts of drug evidence. At the time, the Office of Defense Services pursued legal action in hundreds of cases.

“In reviewing those cases, the court noted that investigators approached the situation, not with the goal of preserving the rights of defendants impacted by the scandal, but as a narrow criminal investigation.

“We’ve learned from that lesson and in this situation we owe it to our clients that we do everything we can to protect their rights, including appealing to the public for additional information.”

Spokesman Mat Marshall on Wednesday said the Delaware Department of Justice could not provide information on any investigations. He provided an earlier statement on the matter that read:

“Unfortunately this officer’s suspected misconduct has serious consequences for himself, for his community, and for his fellow officers whose work may be jeopardized by his actions.

“Our Criminal Division has been undergoing a detailed review of any case potentially impacted by these actions and has notified defense counsel and unrepresented defendants in each case as appropriate.

“Separately and concurrently, our Division of Civil Rights & Public Trust is conducting a thorough and independent investigation and will determine any actions appropriate under the law and in the interest of justice.“

Attempts to reach the Millsboro Police Department and Delaware State Police for comment Wednesday were unsuccessful.

Police said the officer was assigned as an evidence custodian for the department at the time of the incident.

Police said a preliminary investigation indicated that the officer may have improperly accessed drug evidence which may have resulted in the officer becoming unresponsive, according to police.

The officer was placed on administrative leave with pay. His name is being withheld due to the active investigation, police said.

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