A letter sent Tuesday from New Castle County Councilman Jea Street and Rev. Donald Morton to the Department of Justice and the U.S. Attorney for the District of Delaware is calling into question Delaware’s statute regarding use of deadly force.
They want to know if it conflicts with any Federal Civil Rights laws, if it increases the utilization of deadly force, or if it has racial impacts.
Currently in Delaware, if an officer feels like their life – or the lives of those in the community – is threatened, the officer has a right to use deadly force. Street is calling for change to that statute.
“The statute needs to be changed," Street said. "There’s just no reason to provide this protection for police officers that is not provided in other jurisdictions, not provided by federal law – and when it’s to the point that it’s potentially violating civil rights of civilians, it’s a problem.”
Morton agrees, calling for a more objective approach when it comes to policing.
“Everyone’s subjective reality is different, everyone’s fear is different, everyone’s threshold is different," Morton said. "We need a far more objective approach specifically as it relates to deadly force and that’s what we’re hoping to gain out of this furthering of the investigation.”
He says Delaware’s current statute regarding use of deadly force is not objective - arguing that its current wording - that if an officer simply feels threatened - isn’t tough enough.
He’d like to see stricter regulations when it comes to enforcement of this statute.
“So the question we raise is: does the use of deadly force, does it create an environment where this happens in perpetuity? Does it have racial connotations and impact to it?”
Street has been in contact with the DOJ since September 2015, when he also request that the DOJ and FBI further investigate the Jeremy McDole case.
He's now awaiting a response before taking any further steps. Not included in the letter but also on Street’s mind is the Policeman’s Bill of Rights, which he feels provides unnecessary protections to police officers and instead helps perpetuate abuse of power.
