State v. Richards

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, ) ) v. ) ID No. 2407016317A ) ANDRE RICHARDS, ) ) Defendant. )

ORDER

This 23rd day of October 2025, the Court enters the following Order:

1. While conducting a search of the Defendant’s residence for drugs

pursuant to an authorized search warrant, police recovered a handgun from a dresser

drawer. The discovery of the handgun led to an indicted charge of Receiving a

Stolen Firearm. The discovery of drugs led to other charges that are not germane

to the issue raised here.

2. In order to convict on a charge of receiving a stolen firearm, the State

must prove that the firearm was stolen. That proof may be satisfied by evidence

that the Defendant “receives, retains or disposes of” a firearm “knowing that it has

been acquired under circumstances amounting to theft, or believing that it has been

so acquired.”1

1 11 Del. C. §1450 3. Defendant concedes that the State produced evidence that the gun had

been reported stolen months earlier and was in a police database as a stolen

handgun. Nonetheless, he says, that is not proof that he knew it was stolen.

4. The State responds that the handgun was secreted under clothing in a

dresser drawer, the Defendant did not acknowledge its presence as he did with

respect to drugs that he was charged with, and he gave inconsistent, evasive

answers concerning how he came into possession of the gun at the police station.

5. The issue raised by the defense is analyzed in the light most favorable

to the State and, accepting that standard of review, the State’s position is sustained.

The jury could have acquitted or convicted and its decision should not be overruled

by the Court after the fact.

The motion for Judgment of Acquittal is DENIED.

IT IS SO ORDERED.

/s/ Charles E. Butler Charles E. Butler, Resident Judge

cc: Prothonotary Brett D. Fallon, Deputy Attorney General Marc J. Wienkowitz, Esquire