State v. Brower

HOLLAND, Justice.

The defendant, Jason Brower, was charged by indictment with Manslaughter 1 for recklessly causing the death of Chinsu Park Un during a high-speed drag race in Newark. A jury convicted Brower of the lesser offense of Criminally Negligent Homicide. 2 After trial, the Superior Court ruled on its own initiative that it should have instructed the jury sua sponte on the lesser offenses of Vehicular Homicide in the Second Degree 3 and Operation of a Vehicle Causing Death 4 and ordered a new trial.

Pursuant to title 10, section 9902(d) of the Delaware Code, the State appeals from the…