Defendant in Christmas Eve fatal accident begins court proceedings
Multiple charges filed against a Millsboro man who allegedly fled the scene of a fatal crash Christmas Eve have been dropped due to a clerical error, but the state plans to refile charges soon.
Jason Wilcox, 46, was in Delaware Court of Common Pleas Jan. 5, after he was charged with a series of felonies related to a crash that killed three people and injured four others near Route 9 and Minos Conaway Road. The Attorney General’s Office separated charges against Wilcox into three different cases: one for possession of a controlled substance, another involving seven charges of leaving the scene of an accident causing injury or death and assorted traffic offenses, and finally, a set of theft and burglary charges linked to Wilcox allegedly entering a Lewes home and stealing the keys to two cars, one of which was involved in the crash.
At issue at the Jan. 5 hearing were the charges of leaving the scene, for which the state charged him with one count for every person involved in the crash.
In his argument, defense attorney Michael Abram said the state did not show sufficient probable cause to charge him with those crimes and that charging him with seven counts was excessive. He argued if the state was going to charge him with leaving the scene, it should be one charge since it stems from one accident. He added that even if the state was to charge Wilcox with seven counts, the affidavit of probable cause does not list the names of any of the victims, as is custom when charging counts for multiple victims, he said.
Deputy Attorney General Angelica Enders, representing the state, said the law states that a person is charged with leaving the scene of an accident if that person fails to stop and provide reasonable assistance. She said Wilcox did not do that, and the charges are for all seven people for whom he failed to provide reasonable assistance.
Judge Rae Mims agreed with Abrams’ argument and allowed the leaving the scene charges to be dropped; although, she told Wilcox that he could still be indicted on the charges in the future. Mat Marshall, spokesman for Delaware Department of Justice, said the department plans to refile the charges.
Abram waived Wilcox’s right to a preliminary hearing and had his case sent to Superior Court on the controlled substance and theft and burglary charges; he managed to get Wilcox’s bail changed from $40,000 cash to $40,000 secured bond on the controlled substance charge. Abram said a large cash bail was overkill since Wilcox was charged with having less than an ounce of psychedelic mushrooms.
The collision occurred at 7:59 p.m., Christmas Eve, when a 2016 Land Rover, driven by Wilcox, was traveling westbound on Route 9 approaching Minos Conaway Road. Lewes police allege that Wilcox stole the Land Rover from a house in the 500 block of Kings Highway that was unoccupied at the time.
The crash happened when a 2008 Honda Odyssey, operated by a 42-year-old man from Temple, Pa., attempted to turn left from Minos Conaway Road onto Route 9 and ended up in the path of the Land Rover. The front of the Land Rover struck the driver’s side of the Honda.
The Honda contained seven occupants including the driver. A 35-year-old woman and a 9-year-old girl, both from Temple, Pa., and a 74-year-old Lewes man were ejected from the Honda and died at the scene. The driver, a 12-year-old boy, a 4-year-old boy and a 67-year-old woman all survived with non life-threatening injuries.
Wilcox allegedly fled the scene on foot; he was located and arrested Dec. 25 by Delaware State Police. He was charged with possession of a controlled substance, felony second-degree burglary, two felony counts of theft under $1,500 where the victim is 62 or older, two counts of felony theft of a motor vehicle, four counts of leaving the scene of an accident causing injury, and three counts of leaving the scene of an accident causing death.
