STATE v. ROSCOE, IK99-07-0201-0202 (Del.Super. 5-1-2000)

IK99-07-0201-0202.Superior Court of Delaware, Kent County.
May 1, 2000.

ORDER
On this 1st day of May, 2000, upon consideration of the Defendant’s Motion for Transfer to Family Court, the Commissioner’s Report and Recommendation, and the record in this case, it appears that:

(1) The defendant, Steven J. Roscoe, (“Roscoe”) was indicted by the Grand Jury on one count of Attempted Murder in the First Degree and one count of Possession of a Firearm During the Commission of Felony. The charges stem from an incident which occurred on June 6, 1999. Roscoe was sixteen at the time of the offenses charged and has moved to have the Attempted Murder charge transferred to the Family Court pursuant to 10 Del. C. § 1011.

(2) The matter was referred to the Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512(b) and Superior Court Civil Rule 132. The Commissioner has filed a Report and Recommendation recommending that the Court deny Roscoe’s motion for transfer of the proceeding to Family Court. No objections to the Report have been filed.

NOW, THEREFORE, after careful and de novo review of the record in this action, and for the reasons stated in the Commissioner’s Report and Recommendation dated April 12, 2000,

IT IS ORDERED that the well-reasoned Commissioner’s Report and Recommendation is adopted by the Court and defendant’s Motion for Transfer to Family Court is denied.