State v. Starling, 112216 DESUP, 0104015882
|Docket Nº:||I.D. 0104015882|
|Opinion Judge:||The Honorable Andrea L. Rocanelli Judge.|
|Party Name:||STATE OF DELAWARE v. CHAUNCEY STARLING, Defendant.|
|Attorney:||Steven H. Brose, Esquire Jeremy D. Engle, Esquire David M. Fragale, Esquire James J. Haley, Jr., Esquire|
|Case Date:||November 22, 2016|
|Court:||Superior Court of Delaware|
Submitted: November 3, 2016
Steven H. Brose, Esquire
Jeremy D. Engle, Esquire
David M. Fragale, Esquire
James J. Haley, Jr., Esquire
ORDER SETTING BAIL
The Honorable Andrea L. Rocanelli Judge.
Defendant Chauncey Starling ("Defendant") seeks an order setting bail at $50, 000 secured and releasing Defendant to Home Confinement. The State opposes Defendant's motion and contends that bail should be set at $1, 000, 000 cash. The Court conducted a hearing and the parties jointly supplemented the record thereafter.
Upon consideration of Defendant's Motion; the State's response thereto; the Delaware Constitution; statutory and decisional law; the Superior Court Rules of Criminal Procedure; the facts and arguments set forth by the parties; and the entire record in this case, the Court hereby finds as follows:
1. Defendant is charged with two counts of Murder in the First Degree (non-capital), two counts of Possession of a Firearm During Commission of a Felony, and one count of Conspiracy First Degree.
2. The Delaware Constitution provides, in relevant part, "[a] 11 prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is positive or the presumption great, or unless for Class A or B violent felony offenses, as defined in Title 11 of the Delaware Code and under such other circumstances as may be prescribed by law when no condition or combination of conditions other than detention will reasonably assure the safety of any person or the community. . . ."1
3. According to statute, "[t]he determination of whether the accused shall be released . . . and the conditions ... of the release shall be in the discretion of the court subject to this chapter ... the Court shall employ an objective risk assessment instrument to gauge the person's risk of flight and re-arrest and the safety of the victim and the community . . . ."2
4. The Court utilized a pre-trial risk assessment instrument and also considered aggravating and...
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