On Monday, a Sussex County Grand Jury returned a 14-count indictment charging Derrick Powell with first-degree murder, among other charges, in the Sept. 1 shooting that killed Georgetown police officer Ptlm. Chad Spicer and injured Georgetown police officer Cpl. Shawn Brittingham, Attorney General Beau Biden said.

“After reviewing the facts of the crime, we have probable cause to believe that one or more statutory aggravating circumstances are present, thus making the death penalty a possibility in this case," Biden said. 

"Consequently, we will advise the Superior Court that for procedural purposes this case should be treated as a death penalty case.  The final decision about whether to seek the death penalty will be made after the Department completes its review pursuant to our established death penalty review procedures."

Brittingham, along with Spicer's parents and daughter, were given the Law Enforcement Order of the Purple Heart medal in mid-November.

On Sept. 1, 2009, Spicer and Brittingham responded to a report of a shooting at the McDonald’s restaurant on U.S. 113 in Georgetown.  They identified and attempted to stop a vehicle suspected to be involved in the incident.  During that pursuit the suspect vehicle suddenly stopped and the driver, Christopher Reeves, fled on foot, hiding out in nearby woods for several days before turning himself in to authorities. 

Derrick Powell, a passenger, fired a handgun at the police cruiser as he fled, police said.  The bullet struck Spicer and a piece of the projectile struck Brittingham. Spicer died as the result of his gunshot wound.

Powell was apprehended after a nearby resident reported to police that an individual had unlawfully entered her home.  When Powell was taken into police custody, he was in possession of a 9 millimeter semi-automatic pistol.  Reeves turned himself in to the police several days later.

On Monday, the Sussex County Grand Jury indicted Derrick Powell on the following felonies:
• First Degree Murder for recklessly causing the death of Patrolman Chad Spicer, a law
 enforcement officer, in the lawful performance of his duties
• First Degree Murder, Felony Murder, for recklessly causing the death of Patrolman 
 Spicer while fleeing from an attempted robbery
• Second Degree Burglary for entering a residence armed with a handgun
• Second Degree Assault for recklessly causing physical injury to Corporal Shawn
 Brittingham by means of a deadly weapon
• Resisting Arrest with force or violence
• Attempted Robbery First Degree for his conduct at McDonald’s
• Reckless Endangering First Degree for his conduct at McDonald’s
• 7 Counts of Possession of a Firearm During the Commission of a Felony

For Reeves:
• Failure to Stop at the Command of a Police Officer, a felony
• Resisting Arrest, a misdemeanor

The Delaware Department of Justice reminds the public that an indictment is merely an allegation and is not evidence of guilt.  Defendants are presumed innocent and are entitled to a jury trial at which the State bears the burden of proving each charge beyond a reasonable doubt.