Opinion
ID No. 9902005463.
January 6, 2000.
ORDER
On this 6th day of January, 2000, upon consideration of the Defendants Motion for Transfer to the Family Court, the commissioners Report and Recommendation, and the record in this case, it appears that:
(1) Defendant, Harry W. Knight, was indicted by the Grand Jury in May, 1999 on one count of Vehicular Homicide in the Second Degree, 11 Del. C. § 630 (a)(1): one count of Vehicular Assault in the Second Degree, 11 Del. C. § 628; one count of Disregarding a Stop Sign, 21 Del. C. § 4164 (a); one count of having an Unsafe Motor Vehicle, 21 Del. C. § 4355 (a); and one count of Speeding, 21 Del. C. § 4168 (b). The charges stem from a fatal automobile accident on the evening of September 11, 1998, in which Knight is alleged to have run a stop sign and collided with a bus. As a result of the accident, one of Knight's passengers was killed.
(2) The matter was referred to the Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512 (b) and Superior Court Civil Rule 132. The Commissioner has filed a Report and Recommendation recommending that the Court find it in the best interest of both Defendant and society to have the matter transferred to the Family Court for adjudication. No objections to the Report have been filed.
NOW, THEREFORE, after careful and de novo review of the record in this matter and for the reasons stated in the Commissioner's Report and Recommendation dated December 20, 1999,
IT IS ORDERED that:
(a) Given consideration of the age of the Defendant and that he has not been exposed to any rehabilitative efforts, the well-reasoned Commissioner's Report and Recommendation is adopted by the Court; and
(b) The Defendant's Motion for Transfer to the Family Court is granted .