DELAWARE- Delaware Attorney General Kathy Jennings issued a statement Wednesday following the arrest of former Chief Sussex County Prosecutor Martin Cosgrove, who faces multiple charges stemming from a hit-and-run crash and suspected drunk driving in Seaford.
Cosgrove, who had been a senior prosecutor in Sussex County, was arrested after allegedly driving under the influence and damaging property in a hit-and-run crash. According to Jennings, Cosgrove has been charged and will be prosecuted.
On Nov. 16 at about 5:49 p.m. officers of the Seaford Police Department responded to a car crash near Pennsylvania Avenue and Bradford Street. The suspect had left the scene but was found 30 minutes later traveling nearby. Police said they observed signs of impairment and detained him. Cosgrove was later released to a sober cosigner and the investigation continued, along with results of the DUI test pending.
Cosgrove, who had been a senior prosecutor in Sussex County, was arrested after allegedly driving under the influence and damaging property in a hit-and-run crash. According to Jennings, Cosgrove has been charged and will be prosecuted. (Delaware Department of Justice)
According to the Delaware Department of Justice, Cosgrove is now charged with the following traffic offenses:
Driving a vehicle under the influence of alcohol
Leaving the scene of a property damage crash
Reckless driving
Failure to provide information at the scene of a crash
Removal of a vehicle from the scene of a property damage crash
While Cosgrove was not initially charged, the DOJ said there was never a question of whether the defendant was going to be charged, but rather what charges were going to be filed.
"The delay between the incident and charging was due to the need to review all the evidence to ensure he was charged appropriately." said the DOJ.
Jennings addressed the seriousness of the charges, underscoring the need for equal treatment under the law.
“I was extremely disappointed to learn that one of our senior prosecutors in Sussex County, Martin Cosgrove, drove under the influence and damaged property in a hit-and-run.” Jennings said. “He has been charged and will be prosecuted.”
Jennings emphasized the importance of equal accountability under the law, especially for those tasked with enforcing it.
“I have stated before that the point of the law is to guarantee that, regardless of the individuals, we all play by the same rules,” Jennings said. “Prosecutors are agents of the law, but we are not and must not be above it.”
To foreclose any conflict, this case has been assigned to the Director of our Family Division, a veteran prosecutor with both misdemeanor and felony trial experience, who works in a different county, Division and Court than the defendant, said Jennings.
“This is a very sad moment for everyone who knows Marty well at the DOJ,” Jennings added. “He has been a decades long friend and colleague whom I have always admired.”
Cosgrove is a longtime member of the Sussex County legal community and recently served as Chief Sussex County Prosecutor. Jennings also used the opportunity to address broader concerns about impaired driving.
“I am grateful that nobody, including Marty, was hurt,” Jennings said. “But our country’s casual attitude toward drunk driving is out of hand, and it has to stop. This is a cultural problem and a public safety threat that we cannot tolerate—least of all among those with the privilege to enforce the law.”
Cosgrove's arraignment is scheduled for Feb. 9.