Daniel Simmons resigned as deputy attorney general with the Delaware Department of Justice, following his arrest on charges on rape.
In a statement issued on Monday, State Prosecutor Kathleen Jennings said, “The Department of Justice [Monday] secured Daniel Simmons’ immediate resignation. We are deeply disturbed by the conduct alleged in this case. We are most concerned for the welfare of the victim. This case will be vigorously pursued to justice. Ethically we are prohibited from saying more.”
New Castle County police arrested Simmons last Friday. The 34-year-old was charged with four counts of rape in the fourth degree involving a 16-year-old victim. Simmons was released after posting $45,000 secured bail.
Court documents said county police were tipped off near the end of March. After almost a month-long investigation, police said Simmons met the teen through a social media app known as “Grindr,” and not through the Dept. of Justice. Grindr is described as a “hook up” app where people can meet and often times have sex with others nearby.
Court documents indicate a third person, a New York University college student, was involved. It’s stated that the college student picked up the teen from a local school last month and drove him to “Dan’s house,” described as a townhome in the Pike Creek area of New Castle County.
When the two arrived at Simmons’ house, he was not home but arrived a short time later. Not long thereafter, the three of them engaged in oral and anal sex in the living room and upstairs in the bedroom.
Police said the victim told Simmons he was in the 10th grade at the time. The boy also said during the sexual encounter he said, “I’m only 16, take it easy on me.”
The documents went on to say the NYU student and Simmons have had conversations in the past about Simmons’ desire to have sex with a high-school age male. Simmons confessed to engaging in unlawful sexual acts with the victim while knowing he was underage.
As yet, no one else has been arrested in connection with the case. Police said any additional arrests are pending a decision from the Attorney General’s office.
Simmons was a deputy attorney general assigned to New Castle County’s Misdemeanor Trial Unit. He had been employed as a prosecutor in the office since November 2006.