Delaware lawmaker removed from budget writing committee after DUI conviction

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Delaware House Speaker Melissa Minor-Brown has removed Republican Rep. Kevin Hensley from the state budget committee following his DUI conviction.

Hensley pleaded guilty last week in Kent County to a third-degree vehicular assault charge and driving under the influence for injuring another driver while driving intoxicated. A Kent County judge sentenced him to 18 months, but suspended the prison time for a year of probation. Hensley lost his driver’s license for a year, and was fined $500 and ordered to complete a DUI course.

While Hensley remains on several other committees, the Joint Finance Committee is considered a prime assignment since the members basically write the state’s budget. If a legislator’s priority doesn’t receive funding through that committee, it’s likely dead at least for that fiscal year.

The 59-year-old real estate broker has represented the Odessa-Port Penn area of southern New Castle County since 2014.

Minor-Brown said in a statement that she felt it was necessary for the legal proceedings to conclude before taking action.

“As public servants, we are held to a high standard—and rightfully so,” she said. “Delawareans place their trust in us to make decisions with sound judgment and integrity. This step is necessary to preserve the public’s confidence in the work of the General Assembly and in the decisions we make on their behalf.”

Her statement said Rep. Charles Postles, R-Milford, would replace Hensley on the Joint Finance Committee.

Minor-Brown also acknowledged in the statement that addiction was complex and personal, stating that compassion for those struggling doesn’t negate the need for consequences for poor decision-making.

Hensley did not respond to a request for comment. But, he told WHYY News last week after the court hearing in a written statement that he was “deeply disappointed in the poor judgment I exercised” on the night of the DUI crash.

“It served as a wake-up call to me and, as a result, I have chosen to make significant changes in my personal life, including entering a recovery program. I am humbled by the events of these past several months, while thankful for the recovery journey that I am now on,” he said.

House Minority Leader Tim Dukes said in an emailed comment that it was the Speaker’s call to remove Hensley from the Joint Finance Committee. 

“It’s within her authority to take such action and we will abide by her decision,” he said.

Court records show this was Hensley’s second DUI conviction. The first occurred in 2009, when Henlsey was convicted of alcohol-related reckless driving. He avoided a minimum 60-day prison term for a second alcohol-related crime because the earlier conviction was more than 10 years old. Under Delaware law, after 10 years it’s considered a first offense and there’s no mandatory prison time.

The Delaware Attorney General’s office said in a news release that Hensley was drunk when he was arrested in November 2024 after crashing into a  gray Ford Fusion while leaving the parking lot of a Valero gas station on Route 1 in Milford. The collision caused the other vehicle to roll several times, causing the elderly driver to sustain cuts and complain of chest pain. The driver died several weeks later of an unrelated condition, the attorney general’s office said. Hensley’s blood alcohol level was .16. The legal limit is .08.

Editor’s Note: This story has been updated to reflect the correct charge Hensley pleaded guilty to.

This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.