STATE v. SMALLWOOD, 0103019016 (Del.Super. 2-21-2002)

ID No. 0103019016Superior Court of Delaware, in and for Kent CountySubmitted: February 14, 2002
Decided: February 21, 2002

Upon Defendant’s Motion for Judgment of Acquittal

DENIED

Robert J. O’Neill, Jr., Esq. and Martin B. O’Connor, Esq., Deputy Attorneys General, for the State of Delaware.

Darryl K. Fountain, Esq., for the defendant.

RIDGELY, President Judge

ORDER
This 21st day of February , 2002 , upon consideration of Defendant`s Motion for Judgment of Acquittal, it appears that:

(1) Defendant Derrick Smallwood was found guilty by a jury of Resisting Arrest, 11 Del. C. § 1257, two counts of Attempted Murder in the First Degree, 11 Del. C. § 531, and two counts of Possession of a Firearm During the Commission of a Felony, 11 Del. C. § 1447A. He has moved after verdict for a judgment of acquittal pursuant to Superior Court Criminal Rule 29(c) on all counts except the Resisting Arrest count.

(2) In ruling on this motion which challenges the sufficiency of the evidence to convict, this Court must consider the evidence and all legitimately drawn inferences therefrom from the point of view most favorable to the State.[1]

(3) The evidence at trial showed that on March 24, 2001 Smallwood intentionally fired a .45 cal. pistol into the chest of PFC David Spicer of the Dover Police Department. The evidence also showed that Smallwood intentionally fired that same weapon directly at Probation Officer Douglas Watts as he intervened to protect PFC Spicer from Smallwood. Although contested by Smallwood, there was clearly sufficient evidence to prove each and every element of the offenses charged. The motion for judgment of acquittal is without merit.

NOW, THEREFORE, IT IS ORDERED, that Defendant’s Motion for Judgment of Acquittal is DENIED.

Robert J. O’Neill, Jr., Esq. and Martin B. O’Connor, Esq., Deputy Attorneys General, for the State of Delaware.