REHOBOTH BEACH, Del. - A city-commissioned investigation has found no evidence that Rehoboth Beach police engaged in misconduct or acted with racial motivation while responding to a large gathering in May.
The City of Rehoboth Beach released the report Thursday, July 30, after the mayor and commissioners voted during a special meeting to make it public. The review was conducted by Max B. Walton and Lisa Hatfield of Connolly Gallagher LLP.
The investigation focused mainly on the police response to the May 19 “takeover” event, the felony charges filed against four Delaware State University students identified as event organizers, and the Delaware Attorney General’s Office’s subsequent decision to dismiss those charges.
According to the report, between 500 and 800 people ultimately gathered on the beach, boardwalk, and Rehoboth Avenue. Police issued at least 19 citations for alleged offenses including underage alcohol possession, marijuana consumption, disorderly conduct, and resisting arrest.
The report says 23 officers from Rehoboth Beach and several assisting agencies responded during the event. Two fights were reported, and some businesses told investigators they closed early because of the crowd.
Investigators say they reviewed approximately 75 body-camera and police-vehicle videos, police reports, citations, arrest warrants, and other documentation. They also interviewed police officers, event attendees, business representatives, a property owner, and one of the four students charged.
The review concluded officers generally educated people about local ordinances and frequently gave warnings instead of citations. Investigators said they did not observe excessive force, threats, or derogatory statements from officers.
The report also acknowledged that several witnesses believed the police presence was excessive or that people of color were being targeted. One person said an officer was “a little aggressive,” while another said they received an alcohol citation when a nearby group that was not made up of people of color did not.
Investigators nevertheless concluded the additional police presence was more likely motivated by the anticipated size and nature of the event than by the racial makeup of the crowd.
The day after the event, Rehoboth Beach police obtained warrants charging four DSU students with intent to commit a riot and second-degree conspiracy. A Justice of the Peace Court judge found probable cause and signed the warrants.
The Attorney General’s Office later directed prosecutors to dismiss all charges, saying it found “no factual basis” to charge the four students with a criminal offense.
The city-commissioned review reached a different conclusion, however. Investigators said the riot charge may have been “a bit ambitious,” but found police had a good-faith basis to seek the warrants under the language of Delaware law.
The report also raised questions about the conspiracy charge because at least one of the students was reportedly outside Delaware during the event and said they did not help plan it. Investigators said Rehoboth Beach police did not know that when the warrant was issued.
According to the report, the Attorney General’s Office dismissed the charges before Rehoboth Beach police completed their investigation and submitted the supporting evidence for review. The law firm concluded there was probable cause and a factual basis for the charges, while acknowledging prosecutors had the discretion not to pursue them.
Investigators found no evidence that either the police response or the decision to charge the students was racially motivated.
The report also noted that officers mistakenly told some beachgoers alcohol was permitted at Deauville Beach. Alcohol is prohibited in the state park.
“On behalf of the City of Rehoboth Beach and Board of Commissioners, I would like to commend the professionalism of our officers and thank them for their service, on May 19 and every day, in keeping our community safe,” Mayor Stan Mills said following the meeting.
The report says its conclusions could be revised or supplemented if additional evidence becomes available.
