UPDATE!!
SECOND DEGREE MURDER CHARGES!!
http://www.wboc.com/Global/story.asp?S=3729178
DOVER- A Dover man faces second-degree murder charges after a Sunday road rage incident that killed a Smyrna man.
The Delaware State Police say 27-year-old Willis Miller turned himself in to police on Tuesday morning. He is accused of murdering Joseph August on Sunday night at approximately 6:10 p.m., on State Route 11, approximately three miles north of Hartly.
The police wo Harley Davidson motorcycles were eastbound on State Route 44 stopped for a stop sign at the intersection with State Route 11.
Joseph D. August, 40, of Smyrna, and Matthew M. Passwaters, 44, of Bear were both operating 2004 Harley Davidson motorcycles. Both motorcycles were preparing to turn left onto northbound SR 11.
An older model Chevy Suburban was traveling westbound on SR 44 approaching the same intersection. As the motorcycles began making their left turn the Suburban allegedly slowed down but did not stop for the stop sign. The Suburban then continued westbound through the intersection cutting off the motorcycles. The police say the operator of the Suburban then allegedly made a hand gesture towards the motorcycle operators. The operators of the motorcycles then turned their bikes around and stopped on the westbound shoulder, while the operator of the Suburban stopped in the westbound lane.
According to the police, both motorcycle operators then got off their bikes, approached the Suburban, and engaged in a verbal altercation with its occupants. The police say that during this altercation one of the motorcycle operators kicked off the passenger side mirror of the Suburban, while the other operator banged on the driver’s side window. The Suburban then drove off westbound and the motorcycle operators returned to their bikes. The motorcycles then turned onto northbound SR 11 and resumed their trip.
When the motorcycles had traveled approximately three miles north on SR 11, Passwaters observed the Suburban approaching them from behind, so he pulled up next to August to inform him of this. The police say Passwaters then pulled ahead of August, and the Suburban struck the rear of August’s motorcycle.
The police say the impact caused August and his motorcycle to travel off the east edge of the roadway where they struck a tree head-on. The police say the Suburban continued northbound and also struck Passwaters's motorcycle forcing it into a field. The Suburban then continued northbound fleeing the area, according to the police.
August, who was not wearing a helmet, was pronounced dead at the scene.
Passwaters, who also was not wearing a helmet, was treated at Kent General Hospital for an injury to his hand.
The police say August's death resulted in this Delaware's first murder charge in a road rage death.
"Information we obtained [Tuesday] from talking to the passenger in the Suburban, we determined that second murder degree where someone recklessly causes the death of a person would be the proper charges in this incident," said Cpl. Jeff Oldham of the Delaware State Police.
Willis's passenger will not face charges. The police say they convinced Willis on his cell phone to turn himself in.
