Felton man’s conviction on attempted robbery charge upheld by high court

DOVER — A Felton man’s attempted robbery conviction after a July 2017 shooting death was upheld in Delaware Supreme Court Monday.

Enough evidence showed that Brett Scott intended to commit a robbery at Pine Grove Apartments in Dover, not a theft as the defendant claimed. Scott was seriously wounded in an exchange of gunfire with Dequan Dukes, who was mortally wounded.

Since Scott possessed a weapon “in the course of committing a theft,” and the use of force qualified as an attempted robbery, according to the court’s six-page opinion.

Brett Scott

Scott appealed the conviction on April 3.

Other convicted charges included second-degree murder and other related charges. Two persons were convicted of crimes and a third was acquitted.

According to prosecutors at the Superior Court trial, Scott and another man approached a car with Mr. Dukes inside and Scott asked for a cigarette. According to testimony, Scott reached for his waistband and gunfire followed. Two men then transported Scott to Bayhealth-Kent General Hospital in Dover, where he was apprehended by police.

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