Chauncy Starling

Case name

Chauncy Starling

Background

Starling, Richard Frink, and Alfred Gaines went into a barbershop to kill Darnell Evans and shot him four times, but also accidentally shot 5-year-old, Damon Gist Jr.

After Starling was charged in the Gist and Evans murders, he attempted to murder Gaines to prevent him from testifying. Starling argued he shot Gaines in self-defense.

During sentencing, Starling expressed his innocence.

The offence

In a 2001 shooting at a Wilmington barbershop, Starling shot Darnell Evans and Damon J. Gist Jr.

Prosecutors said Starling entered the barbershop wearing a mask. Prosecutors said Starling was attempting to kill Evans and that Gist was caught in the crossfire.

Starling was convicted of shooting Darnell Evans, 28, and Damon J. Gist Jr., 5, in a 2001 shooting at the Made 4 Men barbershop at Fourth and Shipley streets.

Investigation

Gaines testified against Starling.

Trial

After an October 2003 trial, a jury found Starling guilty of 2 counts of 1st-degree murder.

Jurors voted unanimously in favor of the death penalty.

Sentencing

Judge Jerome O. Herlihy affirmed that decision in June 2004 and imposed the death penalty.

Herlihy noted that a recent state Supreme Court ruling “directed” him to give the jury's finding “great weight.”

Starling was dressed in an orange prison jumpsuit. Starling was not allowed to address the court, but just as he had at his June 2004 sentencing, Starling shouted that he was innocent as he was led from the courtroom.

Deputy Attorney General Paul Wallace said Herlihy's ruling was expected and appropriate.

Prosecutor(s): Paul R. Wallace Defense lawyer(s): John S. Malik

Appeals

In August, the Delaware Supreme Court said that wording was a mistake because by that time the Delaware General Assembly had passed a new law that no longer directed judges to give the jury recommendation great weight.

Instead, the new standard was for judges to give the recommendation “such consideration as deemed appropriate.”

In its August ruling, the Supreme Court found no other fault with the trial or with Herlihy's jury instructions or rulings, but reversed the death sentence and sent it back to Herlihy for re-sentencing.

On Wednesday, Herlihy changed one paragraph in his 2004 ruling, dropping the words “directed” and “great weight.” In its place, Herlihy said Wednesday that the jury's recommendation was an “important factor” in his decision.

Herlihy added that the recommendation of death was supported by “more than ample” evidence in the record and he would be “hard-pressed” to ignore it.

Starling's attorney, Bernard O'Donnell of the public defender's office, had no comment.

Outcome

A Superior Court judge reaffirmed the death sentence Wednesday for Chauncy Starling, the man convicted of killing 2 people, including a 5-year-old boy, in a 2001 shooting at a Wilmington barbershop.

Aftermath

Gist's mother, Valarie Brooks, attended Starling's trial and Wednesday's resentencing. Brooks said she was glad the judge reimposed the death penalty and was disappointed by Starling's outburst.

Brooks said: “I can't believe he is still saying he is innocent.”