Defendant in Cpl. Keith Heacook murder case elects bench trial

The man prosecutors allege to have killed Delmar police officer Cpl. Keith Heacook has elected to forgo a jury trial and instead have a bench trial starting Monday, Oct. 16, in Delaware Superior Court in Georgetown.

Randon Wilkerson, 32, appeared in court Sept. 25 in a hearing before Judge Craig Karsnitz to confirm his decision. Wilkerson’s attorney, Patrick Collins, said his client did not want the planned four-week jury trial and wanted a stipulated-fact trial overseen by Karsnitz. This is what is commonly known as a bench trial, since the judge will be the one making the decision of guilty or not guilty. In addition, the trial will not have witness testimony, meaning Wilkerson is giving up his right to cross-examine witnesses. Wilkerson’s decision is not reversible. 

Collins said Wilkerson made this choice in part due to the evidence against him; Wilkerson made a number of unsuccessful pretrial motions to have certain evidence excluded. Collins said by having a bench trial, which would take half a day as opposed to a four-week jury trial, Wilkerson will be able to move forward with an appeal sooner.

Karsnitz repeatedly asked Wilkerson, clad in an orange Department of Correction jumpsuit, with bushy hair and a beard, whether he understood the rights he was giving up, such as cross-examining witnesses and being judged by a jury of 12. Wilkerson repeatedly answered, “Yes, your honor.” Wilkerson also said he was satisfied with his defense team’s representation. 

A bench trial in a major capital case is rare, but not unprecedented. For example, in 2011, Dr. Earl Bradley, who was accused of sexually assaulting hundreds of children at his Lewes pediatric office, elected to have a bench trial instead of a jury trial for similar reasons as Wilkerson. Bradley was convicted and sentenced to 14 life sentences and 164 years in prison, and his subsequent appeals were unsuccessful.

Wilkerson faces two counts of first-degree murder, as well as attempted murder, assault and weapons charges. If convicted of first-degree murder, Wilkerson faces a life sentence on each of the charges. Even though Wilkerson is only alleged to have killed one person, Heacook, Delaware law on first-degree murder can have two or more statutory definitions applied, allowing the state to charge him for two counts of first-degree murder instead of one. 

On April 25, 2021, police say, Wilkerson, who had been staying at a nearby residence, entered the Delmar home of Steve and Judy Franklin. A fight ensued, and Delmar police were called to the scene. Heacook, a 22-year police veteran and graduate of Cape Henlopen High School, responded alone to the call. There, police say, he and Wilkerson engaged in an altercation. Witnesses say, in court documents, that Wilkerson was standing over Heacook and stomping his head into the floor. Additional officers arrived and found Heacook unconscious on the floor. He was sent to R. Adams Cowley Shock Trauma Center in Baltimore, where he died from his injuries.

Wilkerson was indicted by a grand jury in June 2021 and pleaded not guilty in July of that year. He was originally set for trial in November 2022, but that date was continued twice.