DOVER — A 29-year-old man facing re-trial in connection with a 2010 shooting death in a bowling alley parking lot asked for a judge-only bench trial on Monday afternoon.
Isaiah W. McCoy, of Dover, is charged with first-degree murder in the death of a Salisbury, Md., man during an alleged drug deal at the Rodney Village Bowling Alley.
The Delaware Supreme Court declared a mistrial on Jan. 20, 2015, after ruling on the actions of a prosecutor and Kent County Superior Court judge during proceedings in June 2012.
The new trial is scheduled for jury selection, if applicable, on Jan. 3.
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Isaiah W. McCoy
Through his lawyer Michael Wiseman, Mr. McCoy requested a bench trial during a 35-minute hearing before Judge Robert B. Young. Citing a need to speak with his superiors, prosecuting Deputy Attorney General Stephen Smith did not commit to the non-jury request while saying it was “unusual to oppose” such a matter.
Mr. Wiseman described a police arrest warrant against Mr. McCoy as insufficient, and s argued that a witness statement and bowling alley surveillance video regarding the alleged incident are inadmissible. The defense also hopes to suppress a statement from McCoy to investigating police professing his innocence that was video-recorded.
Judge Young is considering a motion to dismiss the case against Mr. McCoy based on double jeopardy that arose from the previous mistrial.
Also in question are letters seized from Mr. McCoy’s prison cell by Department of Correction personnel that were later forwarded to the Delaware Department of Justice. No ruling was issued on Monday.