Rollover crash with injuries leads to DUI, vehicular assault charges against Delaware lawmaker

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Four days after being elected to a sixth term in the Delaware House of Representatives, state police say Rep. Kevin Hensley was drunk when he pulled into the Valero gas station off the Route 1 highway in Milford.

When Hensley pulled back out onto the highway, police say, he drove right into the path of a southbound car that struck his Toyota Tacoma pickup truck from behind. The smaller Ford Fusion rolled over several times and came to a rest in the front yard of a home several hundred yards down the road.

The 71-year-old driver of the Ford, who lives in nearby Lincoln, suffered several cuts to his face and hands, complained of chest pain, and was taken to the hospital after the 6 p.m. accident on Nov. 9.

Hensley, who was not injured, told a trooper who arrived at the accident scene that he did not see the smaller vehicle before it struck his truck. But the officer thought Hensley was visibly intoxicated and gave him a field sobriety test, which he failed, court records show.

Then Henlsey blew into the trooper’s portable breath tester, which recorded a blood alcohol level of .142%. That’s nearly twice Delaware’s legal limit of .08%.

Hensley also gave the trooper an expired insurance card.

Police took Hensley into custody immediately and charged him with three misdemeanor criminal charges: second-degree vehicular assault, driving under the influence and having an expired insurance card. He was also cited for failing to yield the right of way to the car that hit him and flipped over several times. That night Hensley appeared by video before a court magistrate and was released on his own recognizance.

Henlsey, 59, is a Republican who since 2014 has represented the Odessa-Port Penn area of southern New Castle County. He was re-elected Nov. 5, winning 53% of the vote in defeating Democrat Terrell Williams.

While a state lawmaker’s arrest is a newsworthy event, state police did not release any information to the public, so for nearly two months Hensley’s pending criminal case was not revealed to the public.

But recently, Hensley’s name appeared in the Kent County Court of Common Pleas docket for his arraignment Tuesday, where he pleaded not guilty.

Asked why Hensley’s arrest went unreported, police said they have a policy not to issue news releases for misdemeanor offenses, no matter what position the suspect might hold in the community. The same lack of public disclosure occurred last month when state budget director Cerron Cade was arrested for several alleged shoplifting incidents at the Wilmington Home Depot store.

Hensley, reached by WHYY News Monday, would not comment and referred questions to his attorney, Joseph Hurley, who said he would make remarks later today.

Attorney General Kathy Jennings said in a written statement that her office won’t give any deference to Henley’s position as an elected official.

“No matter who’s behind the wheel, drunk driving endangers everyone,’’ Jennings said. “These moments can easily become deadly, and we are extremely fortunate that the injuries in this collision did not become more serious.”

“We prosecute based on the law and the evidence of every case. Mr. Hensley faces multiple misdemeanor charges and will be treated as any other defendant, regardless of his title or position.”

Lawmakers will return to Dover to start a new session of the General Assembly next Tuesday.