Suspect in ‘Delco Legend’ shooting wants trial moved
MEDIA COURTHOUSE >> Delaware County Common Pleas Court Judge Gregory Mallon heard arguments Friday on whether to transfer the case of a Folcroft man accused of shooting Police Officer Christopher Dorman due to “inherent prejudice.”
“I think the prejudice is so pervasive, I think it touches the court, I think it touches the prosecution in this case, I think it touches the defense in this case, I’ll be quite honest about it,” said defense attorney Donald Havens, representing Donte Brooks Island. “The atmosphere in Delaware County, your honor, and in eastern Pennsylvania, is so toxic that this defendant cannot get a fair trial on this side of the state and that is why we’re trying to move it.”
Island, 34, is accused of shooting Dorman shortly after 10 a.m. June 24 outside apartments on the 1500 block of Elmwood Avenue.
Dorman said at a preliminary hearing in December that he was dispatched to the parking lot behind the two apartment buildings there for a report of possible drug activity. Dorman said he found Island, who matched the description of the suspect, and explained why he was there.
As Dorman went pay Island down, he said the defendant struck him in the side and back of the head, causing him to fall against a wall. Dorman said he then heard a gunshot and saw a muzzle flash.
Dorman said he was shot in the nose and chest, but was wearing his bulletproof vest. He said he radioed that he had been shot and fought to push Island away from him, then ran between the two buildings
— Defense attorney Donald Havens, representing Donte Brooks Island
as he heard more shots ring out. Dorman said he was struck again in the back and fell. As he regained his feet, Dorman said he drew his weapon and turned around, but Island was nowhere to be seen.
Fellow Folcroft Officer David DePietro also testified at the December hearing that he saw Dorman and Island in a scuffle, then saw the defendant shoot at Dorman several times. Island and DePietro exchanged gunfire before Island ran off, according to DiPietro.
County Detective Vincent Ficchi testified that Island was later captured in the bedroom of a first-floor Baltimore Avenue apartment rented under the name of his wife. A .40 caliber Springfield Armory pistol with damaged serial numbers was recovered from a second-story balcony in that same building, Ficchi said.
County Detective Louis Grandizio restored the serial numbers and matched the handgun to one purchased by Island’s wife Apr. 9, 2016, according to Ficchi. Grandizio was also able to match the shell casings and a sample bullet taken from the apartment to the handgun, Ficchi said.
On Friday, Havens pointed to extensive news coverage of the shooting and Dorman’s recovery, noting he had been dubbed a “legend” by some publications. While there is no grounds of the judge to recuse himself, Havens said he was still requesting that Island’s case be transferred to a new venue with a new judge, new prosecutor and even a new defense lawyer, saying the case had touched them all.
Senior Deputy District Attorney Daniel McDevitt argued that the most recent coverage came at the preliminary hearing three months ago and that the public’s memory for such matters might be dulled by the passage of time as newer police-involved shootings locally and nationally take precedence.
“You would be surprised at how few people are aware of cases that we all know to be prominent because we’re involved in them,” he said. “When you bring jurors in, some of them know nothing about the cases. No matter how (high) profile or prominent we think they are, not everyone reads the newspapers and not everyone has access to a TV.”
McDevitt suggested the court would not know whether there is inherent prejudice until it brings potential jurors in and begins questioning them. Havens argued that questioning jurors at all in such instances goes against case law.
The commonwealth is also seeking to introduce prior convictions into evidence that McDevitt said would inform the basis for a motive. Island was allegedly wanted on a federal warrant for violating parole in another gun case at the time of the shooting.
McDevitt and Havens stipulated at the preliminary hearing that Island is a convicted felon and therefore was incapable of legally possessing a handgun. Island had only recently been released from a 15-year sentence in a federal penitentiary at the time of the shooting.
Havens argued Friday that the commonwealth does not need to actually prove a motive to gain a conviction, however, and noted there are already two eyewitness police officers in this case. The prejudice of including the prior convictions outweighs any probative value they might have to the case at hand and would be “overkill”, he said.
Island is facing 14 counts including attempted murder in the first degree and assault of a law enforcement officer, as well as aggravated assault and firearms offenses. Havens has moved to sever the weapons counts from the other charges.
Mallon said he would consider the arguments next week and set a new status hearing for April 7.