Full Notification

Wilmington Police have made three arrests and recovered three guns and four off-highway vehicles.
 
On August 9 at approximately 12:12 p.m., police were conducting an investigation into illegal off-highway vehicle activity in the 1000 block of Sycamore Street when they observed multiple subjects and off-highway vehicles in the block. As officers approached, three subjects – 21-year-old Jahnair Murphy of New Castle; a 16-year-old male and a 15-year-old male – attempted to flee but were taken into custody without incident.
 
Police recovered two loaded Polymer 80 9mm handguns, in addition to a loaded 9mm handgun (which had been reported stolen out of Upper Chichester, PA), as well as 175.5 grams of marijuana and $554 in currency. Police also seized four off-highway vehicles, one of which had been reported stolen to the New Castle County Police Department.
 
Murphy has been charged with the following offenses:

• Possession of a Firearm During the Commission of a Felony
• Possession of a Firearm or Ammunition by a Person Prohibited – Two Counts
• Possession of a Controlled Substance with the Intent to Deliver
• Receiving Stolen Property (Over $1,500)
• Conspiracy (Second Degree)
• Resisting Arrest

He was arraigned in Justice of the Peace Court 11 and was committed to the Howard R. Young Correctional Institution on $55,000 cash-only bail.
 
The 16-year-old male has been charged with the following offenses:

• Possession of a Firearm During the Commission of a Felony
• Possession of a Firearm or Ammunition by a Person Prohibited – Two Counts
• Possession of a Controlled Substance with the Intent to Deliver
• Receiving a Stolen Firearm
• Conspiracy (Second Degree)
• Resisting Arrest

He was arraigned in the New Castle County Family Court and was committed to the New Castle County Detention Center on $22,500 cash-only bail.
 
The 15-year-old male has been charged with the following offenses:

• Possession of a Firearm During the Commission of a Felony
• Possession of a Firearm or Ammunition by a Person Prohibited – Two Counts
• Possession of a Controlled Substance with the Intent to Deliver
• Conspiracy (Second Degree)
• Resisting Arrest

He was arraigned in the New Castle County Family Court and was committed to the New Castle County Detention Center on $22,000 cash-only bail.
 
The public is reminded that operating an off-highway vehicle on a city street or sidewalk – or in a city park – is a violation of both the Wilmington City Code and the Delaware Criminal Code, and can result in significant fines. We would also like to remind the public that any off-highway vehicles possessed within the City of Wilmington must be registered through the Division of Motor Vehicles and must always have an immobilization device, such as a wheel lock, in place at all times.

Police ask members of the public who have information about any illegal activity involving these off-highway vehicles – including where they are being operated or stored – to contact Cpl. Keith Johnson of the Special Operations Division Traffic Unit at (302) 571-4415 or [email protected].

You can also contact the Wilmington Police Department at (302) 654-5151, or call the department’s crime tip hotline at (302) 576-3990. Callers can remain anonymous.

State law defines “off-highway vehicles” as including dirt bikes and ATVs, and registration with the State is required.

On July 12, 2018, City Council passed Ordinance 18-040 (https://library.municode.com/de/wilmington/ordinances/code_of_ordinances?nodeId=901246), which adopted the State’s definition and set forth further regulations, which are excerpted here:

2. Use and possession.
   1. Driving or riding vehicle.
      1. Pursuant to 21 Del. C. § 6814(a), no person may drive or ride any OHV on any public street, sidewalk, or right-of-way that is located in the city or, wherever located, that is owned or regulated by the city.
      2. Pursuant to 21 Del. C. § 6821(a), no person may drive or ride an OHV on public or private property without express permission of the owner of the property.
   2. Possessing unregistered vehicle. No person may own, control, possess, or have custody of any OHV that is not registered with the state pursuant to 21 Del. C. § 6801.
   3. Possessing mobilized vehicle. No person may own, control, possess, or have custody of any OHV in the city, while the OHV is not being used in accordance with state law, unless the vehicle is securely locked or otherwise immobilized by a wheel clamp or other object, device, method, or mechanism, whether attached to the vehicle or not, that:
      1. Prevents the vehicle from being freely moved; and
      2. Cannot be removed or deactivated without the assistance of the vehicle's owner.

The City ordinance also set forth penalties for violations of those provisions:

3. Penalties.
   1. Civil penalty. Any person who violates any provision of this section is subject to a civil fine of $2,000.00 in addition to any other penalty issued pursuant to this chapter.
      1. Any owner to whom a penalty is issued may, within 48 hours of being fined, agree to forfeit the vehicle in lieu of contesting the violation and in lieu of any other fines or penalties.
      2. It should be considered a mitigating factor during judicial proceedings if an individual charged under this Section, and who has contested such charge, can provide proof that, after the time of a violation, the vehicle in question has since been properly registered and an appropriate immobilization device and transportation mechanism have been secured in order to ensure future compliance with this section.
   2. Confiscate. In addition to any civil fines a police officer may issue pursuant to this section, whenever a police officer has probable cause to believe that an OHV is being used in violation of this section and either the OHV is not registered or the OHV does not bear a valid registration decal pursuant to state law, the officer may confiscate the OHV, whereupon the police department shall comply with the provisions of this chapter.

The Wilmington Police Department will continue to enforce this ordinance, along with all relevant State laws governing off-highway vehicles and motor vehicles generally.