Trial for man shot while fleeing police set for May 16

Jamera E. Fisher

DOVER — A 25-year-old Dover man shot by police last year while reportedly attempting to flee is scheduled for a Superior Court jury trial on May 16 for drug and weapon charges resulting from the alleged incident.

Jamera E. Fisher was wanted on a capias when six law enforcement officers located him in the area of New Castle Avenue near the Capital Green neighborhood, allegedly with a loaded handgun, on Oct. 25, 2016.

Mr. Fisher drove a vehicle that allegedly rammed two police vehicles and veered toward approaching officers, authorities claimed at the time.

A Delaware Probation and Parole officer discharged his firearm four times, police said, wounding Mr. Fisher with two graze wounds to his upper left arm, a graze wound to his neck, and an entry wound into his left side torso, police said.

The defendant was admitted to Bayhealth-Kent General Hospital in Dover in stable condition and charges were later filed.

Indicted on Feb. 6, Mr. Fisher is charged with four counts of first-degree reckless endangering, possession of a deadly weapon and drug, possession of marijuana, third-degree conspiracy, possession of a controlled substance with aggravating factors (two counts), possession of drug paraphernalia, possession of a deadly weapon during the commission of a felony (four counts) and possession of firearm/ammunition by person prohibited.

Four members of the Dover Police Street Crimes Unit took part in the arrest, along with two Delaware Probation and Parole officers.

A preliminary report by the Delaware Department of Justice indicated that the probation and parole officer’s use of force “was not a criminal act because such force against Mr. Fisher was justified …

“The investigation of the facts and circumstances fully support the reasonableness of (the officer’s) belief that his life and the lives of others were in danger. That belief was not formed recklessly or negligently.

“As a result, the use of deadly force was justified and not subject to criminal prosecution.”

A final use of force report with further details will be issued once the charges against Mr. Fisher are resolved, the DOJ said.

A final case review is scheduled for May 10.

Deputy Attorney General Sean Motoyoshi is prosecuting the case, with attorney Suzanne MacPherson-Johnson is defending Mr. Fisher.

Qualeel Wescott

• On May 15, Ellendale resident Qualeel Westcott is slated for trial regarding an alleged shooting on May 11, 2016 in the Brightway Commons Apartment Complex in Milford. An arrest warrant was obtained for Mr. Westcott, 21, at the time, two days later.

The case was placed on control status on April 3.

According to Milford Police at the time, one person was hospitalized in critical but stable condition after being wounded, while a second person suffered a minor injury.

Mr. Westcott, who was indicted on Aug. 1, 2016, is charged with first-degree attempted murder, first-degree robbery, possession of a firearm during the commission of a felony (three counts), possession of firearm/ammunition by person prohibited, second-degree assault, first-degree reckless endangering and aggravated menacing.

Deputy Attorney General Stephen Welch is prosecuting the case, with attorney Edward Gill representing Mr. Westcott.

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