Delaware
Cabela’s ordered to comply with Delaware prosecutor subpoena in ammo storage investigation
Cabela’s sued in straw purchase killing
The family of a 19-year-old mother killed in a 2016 shooting is filing a lawsuit against the store where the weapon was bought in a straw purchase.
Damian Giletto, Delaware News Journal
A state judge said Cabela’s must comply with a Delaware Department of Justice subpoena in its investigation of the outdoor company’s lax storage and shoplifting prevention practices. The state agency began probing these practices last year after half a million rounds of ammunition were stolen from Cabela’s Christiana Mall store.
In its attempt to quash the subpoena, Cabela’s filed 53 pages of objections, including that the statute under which the investigation is being conducted is unconstitutional. The company also argued the other statutes the DOJ cited were not applicable to them because Cabela’s is “a national, respected, law abiding premier outdoor supply and conservation company.”
Superior Court President Judge Jan R. Jurden disagreed with Cabela’s, according to her opinion issued on Wednesday. In her 32-page opinion, Jurden states the requests made in the subpoena are relevant to the DOJ’s investigation, which among other things concerns shoplifting of ammunition, ammunition storage, loss prevention and its reporting and security footage.
“The DOJ has carried its burden to show that the subpoena is reasonable and made in response to its stated investigation, and therefore, it is enforceable,” Jurden wrote in her opinion.
Cabela’s parent company, the Great American Outdoors Group, could not be reached for comment.
Jurden’s opinion comes seven months after a federal judge said Delaware can continue investigating Cabela’s storage and shoplifting prevention practices and ordered the case be returned to Delaware state courts. Cabela’s had sought to take the case out of Delaware state courts, where stronger laws about gun dealer conduct apply.
More: Federal judge sides with Delaware DOJ, returning Cabela’s investigation to state courts
“I am grateful to the court for its ruling and pleased that once again Cabela’s legal games have been unsuccessful,” Delaware Attorney General Kathy Jennings said. “Cabela’s has attempted to thwart this investigation at every turn. It is ridiculous that we are now well beyond a year into this investigation and yet we still have no meaningful answers from Cabelas.
“We look forward to finally being able to investigate how the theft of such a shocking number of lethal ammunition was able to take place.”
Jennings announced last summer the state DOJ was asking the Delaware Superior Court to enforce a subpoena against Cabela’s seeking information about ammunition shoplifted from its Christiana location. Investigators believe that at least 500,000 rounds of ammunition were stolen from Cabela’s in less than a year and that a substantial portion of it was sold to violent criminals and drug dealers in Delaware and Pennsylvania.
The state DOJ’s investigation is focusing on whether Cabela’s violated any laws, including Delaware’s firearms industry public nuisance law, through its hands-off approach to the shoplifting of ammunition.
According to the DOJ, the ammunition was stored unsecured in the middle of the sales floor with no apparent effort to stop massive shoplifting. After investigators subpoenaed Cabela’s in February, the DOJ said Cabela’s moved its ammunition behind a sales counter.
How the investigation began
The state DOJ began investigating Cabela’s early last year after receiving reports of thefts of significant quantities of ammunition.
One of the people interviewed by a DOJ special investigator was 39-year-old Danielle M. Brookens, who’d been arrested in December 2022 for stealing from Cabela’s. During a March interview, Brookens told the special investigator that she shoplifted half a million rounds of ammunition from the Christiana Mall store over a year’s time.
“It was easy to steal ammunition out in the open shelves and the security was lacking” is the reason Brookens gave for shoplifting from the store, according to court documents obtained by Delaware Online/The News Journal.
More: How a pattern of shoplifting ammunition led Delaware to demand Cabela’s records
Brookens explained that on more than 20 occasions, she would place boxes of ammo in a shopping cart covered by her coat. She added others were also shoplifting ammunition from the store and that they had been doing so before she started stealing from them in December 2021.
While she told investigators she was “well known to employees and at least one supervisor” who saw her often in the store, “they did not typically confront her or take action to prevent her shoplifting.”
She said she would sell the ammo at about a third of its retail price to Delaware pawn shops. She would also sell ammo to “gang-related individuals” in Philadelphia and Dover, making more than $100,000.
Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.
Delaware
Delaware County approves 19% property tax hike in 4-1 vote
MEDIA, Pa. (WPVI) — Delaware County Council voted 4-1 Wednesday night to approve a budget that includes a 19% property tax increase, despite objections from residents.
Property owners with a home assessed at $255,000 will pay about $188 more annually under the new budget, which takes effect next month.
Before the vote, some residents urged council to reconsider.
“I ask council to revisit the proposed budget, forgo voting tonight, avoid solving the entire deficit on the back of the hardworking taxpayers,” said Cynthia Sabitini of Upper Providence Township.
One councilmember agreed, but most did not.
“Simply put, I feel that the increase is too drastic,” said Councilmember Elaine Paul Schaefer.
“This needs to occur. I don’t like it, but it’s what has to occur,” said Councilmember Kevin Madden.
The hike follows a 23% increase last year and a 5% increase the year before. County officials say tax hikes were minimal for a decade, forcing steep increases now.
The current all-Democratic council argues they’re righting the financial ship after past Republican leaders didn’t do enough.
“For the first time in more than a decade, this budget puts Delaware County on track to have a truly balanced budget,” said Council Chair Dr. Monica Taylor.
County leaders say the increase addresses a structural deficit, but opponents blame spending on projects such as de-privatizing George Hill Correctional Center and creating a health department.
“How do you justify coming in with a deficit and then saying you’re repairing it after you grew it?” said Michael Straw of Media Borough Republicans.
Officials say future hikes should be minimal if the county makes any request at all, but some remain skeptical.
“I have my doubts that we won’t be seeing increases in the future,” Straw said.
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Delaware
Man in custody after reported threat near Kroger in Delaware County
COLUMBUS, Ohio (WSYX) — Reports of a potential threat near a Kroger store on Route 23 by Walmart shopping center in Delaware County quickly spread on social media Tuesday evening, with residents posting about an active shooter and sharing updates on neighborhood pages. Many in the community expressed fear and concern as the posts circulated.
Delaware City Police confirmed the suspect, who had made threats to harm himself, is now in custody. Police Chief Adam Moore told ABC 6 that there was no shooting, and the situation was safely contained. Patrons at nearby stores were temporarily asked to shelter in place as a precaution.
Officials say the area is now safe, and residents are being urged to rely on verified information from authorities.
Delaware
Sussex gets grant to fund Route 9 trail crossing feasibility study
The Delaware Bicycle Council approved a $35,000 grant Dec. 3, to Sussex County to help fund a feasibility study for a Route 9 tunnel crossing near Cool Spring Road to improve safety for cyclists and pedestrians.
Council members present at the meeting voted 12-0 to give 2025 Cycling Infrastructure Innovation grants of $35,000 to Sussex County and $15,000 to Newark.
Sussex County would use its allocation toward a study of a potential tunnel for the Lewes to Georgetown Trail, County Administrator Todd Lawson said Dec. 4.
“This is just for us to study whether the feasibility of putting a tunnel in that location works,” Lawson said. “We view this as a kick-start of an idea we are looking into.”
Sussex County Council will have to approve the balance of the study’s estimated $45,000 cost, he said.
The trail connects to Lewes, and the state is in the process of extending it the rest of the way to Georgetown.
“The biking community and users of the Georgetown to Lewes Trail have contacted Sussex County for an improved crossing at this location,” said John Fiori, the Delaware Department of Transportation bicycle coordinator who assists the council.
Currently, the only crossing of Route 9 for the trail is at the signalized intersection of Route 9/Fisher Road/Hudson Road, which was constructed by DelDOT, Fiori said.
But safety of the crossing is a growing concern as traffic on Route 9 has been increasing, with housing and commercial developments in the area and more planned.
A developer has proposed building 1,922 houses and 450,975 square feet of commercial space between Hudson and Cool Spring roads. Safety of the Route 9 crossing west of Lewes was discussed briefly at a Nov. 2 public hearing on that development project, which is located near the Route 9 trail crossing.
A Route 9 crossing project was championed for a couple of years by Walter Bryan, a bicycle council member who died in April.
Several alternatives for a crossing have been discussed over the years, including a bridge spanning Route 9.
The idea of a bridge was dropped for several reasons, including the angle of the crossing would require a very long span and there are high-voltage power lines running along the highway.
If the feasibility study supports the project, the county would have to convince the state and federal governments to fund and build a tunnel, Lawson said.
Sussex County Land Trust would also be involved in the project, he said. The group owns the Stephen P. Hudson Park near the potential Route 9 crossing site. It includes a trailhead parking lot.
The bicycle council’s five-member working group met with eight applicants as it worked to determine how to divide the $50,000 that is available, Fiori said.
Applications were ranked based on five categories: proximity to other bicycle routes or public facilities such as a community center, post office, library, school or park; creating a link between compatible facilities; eliminating hazards; inclusion in a master plan; and ability to complete the project.
Lawson said the Lewes-to-Georgetown Trail is exceeding all expectations, making an improved crossing an important project. The anticipated completion of the trail will bring many more users, but also increased need for a safe crossing, he said.
“People are going to be very attracted to that,” Lawson said. “It will exceed all expectations.”
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