REHOBOTH BEACH, Del. - An independent investigation into the Rehoboth Beach Police Department's response to the May 19Â "Takeover" event found no evidence of police misconduct or racial motivation, concluding officers acted within their authority as they managed a large crowd that grew to over 500 people.
The City of Rehoboth Beach released the report Thursday after the mayor and commissioners voted during a special meeting to make it public. The review was conducted by Max B. Walton and Lisa Hatfield of Connolly Gallagher LLP to provide an independent assessment of the police response and subsequent criminal charges.
According to the report, investigators reviewed police reports, warrants, citations, emails and approximately 71 videos from body-worn cameras, patrol cars and other sources. They also interviewed officers, members of the public and people who attended the event, including one person charged with inciting a riot.
The report concluded there was "no evidence of police misconduct or overtly racially motivated action taken by any officer." Investigators also found no evidence the decision to pursue charges against organizers or participants was racially motivated.
Investigators included in the report that the NAACP and other groups reached out to the city regarding the arrests, and some alleged that the arrests were racially motivated. An email, dated May 27 with the sender redacted, said, "The arrests, criminal charges, and widespread circulation of mugshots sent a clear message to our communities. Black presence was treated as a public threat. Black parents are questioning whether Rehoboth Beach is safe for their children. Black young people are asking why gathering at a beach resulted in criminal charges and public shaming," according to an email included in the report.
The investigation found officers initially explained beach rules regarding alcohol consumption and asked participants to comply before issuing citations. The city issued at least 19 citations during the event for underage alcohol possession or consumption, marijuana possession, disorderly conduct and resisting arrest.
The report states that throughout the early evening, officers continued to encourage the group to move the gathering north to Deauville Beach, part of the State Park. Eventually, a "good portion" of the crowd moved north and relocated at the state park site.
As the crowd expanded during the evening, police requested assistance from Delaware Natural Resources Police, Delaware State Police, Dewey Beach Police, Bethany Beach Police, Lewes Police and Milford Police. The report states that 23 additional officers were ultimately called to assist because of the growing crowd and safety concerns. Investigators reported that the event included about 600 to 800 participants.
Investigators wrote that officers generally exercised restraint, often giving warnings instead of issuing citations for alcohol, marijuana, disorderly conduct as a result of two fights and other violations. The report acknowledged officers expressed frustration at times but found those comments reflected the challenges of managing the event.
The report also addressed the department's decision to seek charges of inciting a riot against event organizers. Investigators concluded the charge was supported under Delaware law based on the circumstances known to officers at the time, even though the Delaware Department of Justice later dropped the charges before the police investigation was complete.
"While seeking an inciting a riot charge might have been somewhat overambitious, we do not believe the charges were brought based upon racial animus," stated the report.
Investigators said they were advised that the Delaware Criminal Justice Information System lists the official reason for the charges being dropped is "in the interest of justice," but investigators said they did not have access to the system to independently verify. The report states there was probable cause to seek the charges and that prosecutors retained discretion to dismiss them.
Investigators noted the Attorney General's Office did not review the completed police investigation or the city's independent report before dismissing the charges because the charges were dropped before those materials were submitted. The report also states it found "there was probable cause and a factual basis for the charges," despite the dismissal.
The report offered no recommendations for changes to police policies or procedures. Among its key conclusions, investigators found officers responded appropriately, citations issued appeared consistent with observed conduct and the inciting a riot charge was applied pursuant to statute.Â
However, investigators identified one misstatement by officers. The report said beachgoers were told on multiple occasions they could consume alcohol at Deauville Beach, but alcohol is prohibited at the state park. Investigators characterized that as a misrepresentation.
Following Thursday's meeting, Mayor Stan Mills praised the department's response.
"On behalf of the City of Rehoboth Beach and Board of Commissioners, I would like to commend the professionalism of our officers and thank them for their service, on May 19 and every day, in keeping our community safe." Mills said.
