Chauncy S. Starling

DOB: 12/30/1974

Race: Black Gender: Male

Offense: Murder 1st (2 Counts)

Sentenced to Death: 06/10/2004

Date of Offense: 03/09/2001

Chauncy Starling – black, age 26

Sentenced to death in New Castle County, Delaware

By: A judge, after an unanimous jury recommendation of a death sentence

Date of crime: 3/9/2001

Prosecution’s case/defense response:

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. Ultimately, Gaines testified against Starling. After Starling was charged in the Gist and Evans murders, he attempted to murder Gaines to prevent him from testifying, but Starling argued he shot Gaines in self-defense. During sentencing, Starling expressed his innocence.

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

Sources: The News Journal 11/5/03, 6/11/04

Barbershop killer again gets death

Judge rewords his original verdict to comply with ruling of high court

The News Journal

October 17, 2005

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

After an October 2003 trial in which a jury found Starling guilty of 2 counts of 1st-degree murder, jurors voted unanimously in favor of the death penalty.

Judge Jerome O. Herlihy affirmed that decision in June 2004 and imposed the death penalty, noting that a recent state Supreme Court ruling "directed" him to give the jury's finding "great weight."

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.

So, 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.

He 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. And with that, Herlihy once again imposed the death sentence.

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

Starling's attorney, Bernard O'Donnell of the public defender's office, had no comment. Deputy Attorney General Paul Wallace said Herlihy's ruling was expected and appropriate.

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.

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

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

"I can't believe he is still saying he is innocent," she said.