GEORGETOWN, Del. - A correction officer said he was pulled over by a Sussex County sheriff's deputy last fall, leading to a wider debate over the authority and role of sheriffs in Delaware.
William Breasure, 22, of Georgetown, admitted to the county council Tuesday that he was speeding along Route 113 near Milford on Sept. 30, 2011; however, Breasure said Deputy Sheriff Dennis Lineweaver also broke the law by speeding after him.
"Kind of took a second look and saw yellow dashboard lights and started second guessing the whole scenario," Breasure said. "At that point, I didn't know what to think."
During the public comment section of the meeting, Breasure said he was wearing a Department of Correction t-shirt as he drove home from a firing range near Smyrna. The Georgetown man said he was not swerving or under the influence of illegal substances. The stop lasted about four minutes and the deputy allowed Breasure to leave without any sort of citation as a "professional courtesy." Breasure later notified the county administration.
Traffic stops were mentioned in a memo issued Oct. 31 by then-County Administrator David Baker to Sheriff Jeff Christopher ordering deputies to stop performing police work.
Christopher is locked in a debate with the county over the authority of his office. Delaware sheriffs traditionally perform foreclosure sales and deliver court papers. Christopher believes the state constitution makes him a law enforcement officer. The county administration disagrees.
"At this point in time, I do not believe sheriffs have law enforcement powers; therefore, not having rights to make traffic stops or detain people," Breasure said.
Breasure said he does not plan to pursue legal action against the county; instead, he urged the council to continue supporting House Bill 290, a measure explicitly prohibiting sheriffs from making arrests. Rep. Danny Short, R-Seaford, tabled the bill last week as lawmakers try to seek guidance on the issue from the courts. Short said the measure is not dead.
Christopher was not in attendance at Tuesday's meeting. In a telephone interview afterwards, the sheriff said the deputy called Delaware State Police after stopping Breasure but no troopers were available to respond.
The sheriff's supporters at the meeting questioned why Lineweaver was not eventually arrested if the stop was illegal.
"If he was illegally detained, then let's arrest that sheriff and put this thing quiet for once and all," said Forrest Verhine of Millsboro.
The organization representing 18 police agencies in Sussex County expressed concern Tuesday over the safety of deputies performing police work.
"There is no required training, there's no background," said Selbyville Police Chief Scott Collins, who is also chairman of the Sussex County Police Chief's Association.
Besides academy training, police officers undergo psychological, medical and physical testing that sheriff's deputies are not required to complete, Collins said. Georgetown Police Chief William Topping expressed similar concerns before the council.
Christopher said he has asked for additional training for deputies. In an interview last week, County Council President Mike Vincent, R-Seaford, said he has yet to hear back from the sheriff regarding specific training needed.
A handful of sheriff's supporters sat in on Tuesday's meeting.
"We're denigrating the office of sheriff to Federal Express and a private auctioneer," said Eric Bodenweiser of Georgetown. "Why don't we just change the name of the office to office of the processor?"
Bodenweiser called on county leaders to drop support of HB 290. Despite his request, county council stood behind its unanimous support of the bill. The proposal remains tabled.
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