Suspended Trooper faces prison after pleading guilty to six charges, including two felonies

Prosecutors have secured multiple felony convictions, including Delaware's first-ever conviction for Deprivation of Civil Rights, against a Delaware State Trooper for the assault of two juvenile victims, Attorney General Kathy Jennings announced Friday. Dempsey Walters, 30, was indicted in September 2023 for assaulting two victims - a 17-year-old and a 15-year-old, whose orbital socket was fractured by Walters after he switched off his body-worn camera. On April 12th, Walters pleaded guilty to Assault 2nd Degree and Deprivation of Civil Rights, both felonies, as well as two counts of Assault 3rd Degree and two counts of Official Misconduct. The State will seek prison time as part of the plea.

"We do not recommend prison sentences lightly - but there is no question that justice demands it here," said Attorney General Jennings. "The Defendant's rampage against two kids, and his subsequent attempt to conceal his misconduct, was brutal, dishonest, and unacceptable. It was a flagrant and felonious violation of his oath and an insult to his fellow officers; the consequences are serious. I am grateful to the prosecutors and police who have prioritized justice for these victims. And above all else I am thinking of the victims and their parents. Nobody should have to fear for their child's safety - let alone from those sworn to protect."

"I extend my sincere gratitude to the Delaware Department of Justice for their partnership during this investigation and swift action in this matter stemming from last summer," said Colonel Melissa Zebley, Superintendent of the Delaware State Police. "In the wake of this incident, Mr. Walters was promptly suspended without pay and benefits, with the intent to dismiss. Our protocol emphasizes a divided strategy, prioritizing the criminal investigation first. Moving forward, the Delaware State Police will diligently pursue its administrative investigation. It is disheartening that the actions of one can tarnish the noble endeavors of many. However, I firmly believe that this isolated incident will not overshadow the unwavering dedication of our troopers. I remain confident in the steadfast commitment of our Delaware State Troopers, who consistently demonstrate professionalism, competence, and compassion in their enforcement duties. I stand proud of their relentless dedication to upholding our mission each day."

On August 17, Trooper Dempsey Walters, 30, was off duty and returning to his residence in Elsmere's Lancaster Village when he made contact with a 17-year-old minor (Victim One). The two engaged in a verbal altercation and Walters contacted Elsmere Police Department; two officers responded and transported Victim One to his home on Taft Avenue. He was turned over to his mother and was not arrested. The following day, Walters looked up the juvenile on DELJIS, a controlled-access law enforcement database.

On the evening of August 21, Walters was on duty when a 15-year-old minor (Victim Two) was with three friends - none of whom were Victim One - in Elsmere walking past Walters' residence. Victim Two and his friends decided to play a prank: Victim Two ran up to Walters' house and, covering his face, loudly kicked the door and ran off. (See: Doorbell video) Walters' girlfriend called him, gave him a description of Victim Two, and informed him that Victim Two and his friends had fled. Walters drove to his neighborhood and, en route, called DSP troopers and other police departments for assistance.

Back in his neighborhood and searching for the minors, Walters was informed by a witness that several juveniles had just run down Taft Avenue. Walters drove to Taft Avenue, where he met two Newport police officers who had responded to assist DSP. Walters once again looked up Victim One in DELJIS-revealing his address on Taft Avenue-and went to his house with the Newport police officers. Victim One and a friend came to the front door, unarmed, and complied with all orders, including putting his hands up and appearing to kneel. Walters forcibly pulled Victim One out of the doorway and forced him onto the ground, causing injuries. Victim One was handcuffed and detained, but never formally arrested. (See: Newport PD body cam, Walters body cam). Victim One was not part of the group who kicked on Walters' door earlier that evening.

Walters then heard that Victim Two and his friends had been found and detained; he drove to their location. When Walters arrived, Victim Two was face-down on the ground with a different Trooper attempting to handcuff him. Almost immediately upon arriving, Walters dropped his knee onto the back of Victim Two's neck/head, causing injury and causing Victim Two to scream in distress. (See: State Police MVR Footage, Walters body cam)

While a Trooper moved Victim Two to the back of a police vehicle, Walters confirmed with a third Trooper that Victim Two was the juvenile who had kicked his door. Walters then turned off his body-worn camera and walked to the police vehicle. While Victim Two was handcuffed and detained in the back of the vehicle, Walters punched him in the face, fracturing his right eye socket. Walters then walked around the vehicle and turned his body-worn camera back on.1 (See: Walters body cam)

Delaware State Police supervisors immediately referred the incident to the Division of Civil Rights & Public Trust when they uncovered Walters' misconduct. Delaware State Police leadership suspended Walters without pay, stated their intent to terminate, and have fully supported the criminal investigation.

Walters was charged in September with Deprivation of Civil Rights, Assault 2nd Degree, two counts of Assault 3rd Degree, and two counts of Official Misconduct. His plea Friday includes all of these charges, with Deprivation of Civil Rights constituting a Class D Felony rather than the original Class B Felony. The Department of Justice has remained in constant contact with the victims' families through this process, and they are in support of the plea. The State will recommend Walters be sentenced to 18 months in prison.

This is the Department of Justice's first use of Delaware's Deprivation of Civil Rights statute, which was introduced by Rep. Kendra Johnson in collaboration with the DOJ and passed unanimously in 2022.

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[1] The body-worn cameras used by Delaware law enforcement capture 30 seconds of buffer video, without audio, when the camera is activated. Walters' body-worn camera captured continuous footage even though it was turned off because less than 30 seconds elapsed between Walters turning off and reactivating the camera.

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