Delaware lawmaker gets probation for DUI crash. It was his second alcohol-related driving offense

From Philly and the Pa. suburbs to South Jersey and Delaware, what would you like WHYY News to cover? Let us know!

A Delaware state lawmaker who was drunk in November when he pulled out onto a highway, causing a car to smash into his pickup truck and roll over several times, has pleaded guilty to driving under the influence and vehicular assault.

Tuesday’s resolution of the criminal case against state Rep. Kevin Hensley marked his second conviction for a crime involving drinking and driving. The first occurred in 2009, when Henlsey was convicted of alcohol-related reckless driving, court records show.

Hensley, a real estate broker, is a Republican who has represented the Odessa-Port Penn area of southern New Castle County since 2014.

During the plea hearing, a Kent County judge gave the 59-year-old lawmaker a prison sentence of 18 months, but suspended the time behind bars for one year of probation. Hensley also lost his driving license for a year, received a $500 fine and was ordered to take a DUI course.

In return for his plea, prosecutors lowered the vehicular assault charge from second-degree to third-degree and dropped two counts: failing to have an insurance card and failure to yield right of way.

Hensley also avoided a minimum 60-day prison term for a second alcohol-related crime. That’s because under Delaware law, if 10 years pass after the initial offense, it’s considered the first offense and there’s no mandatory prison time for a conviction.

Hensley would not agree to an interview about his plea but said in a written statement that he’s  “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.”

Mat Marshall, spokesman for Attorney General Kathy Jennings, said the resolution was fair for the circumstances of the case. He said the 71-year-old victim only suffered a nosebleed and minor chest pain from the crash, but could not testify against Hensley because he died a few weeks later from an unrelated neurological condition.

“Obviously, any DUI collision is very, very serious and has the potential to kill somebody,” Marshall said. “We need to take those cases seriously but the grade of charges that are viable and sustainable at trial, and what we need to keep in mind when we pursue pleas, really proceed from what the severity of those kinds of injuries are.”

Marshall said losing his license will impact Hensley and hopefully reduce the chances of another alcohol-related arrest.

“That’s a substantial consequence for somebody whose job as a legislator and his day job require him to travel regularly,” Marshall said. “Certainly the hope and expectation is that this is corrective, and that he never never does anything like this again, never gets on the road under the influence again.”

Hensley was arrested about 6 p.m. on Nov. 9 — four days after being elected to a sixth two-year term in the Delaware House of Representatives.

Court records show that he exited the Valero gas station off the Route 1 highway in Milford, and drove right into the path of a southbound Ford Fusion that struck his Toyota Tacoma pickup from behind. The smaller vehicle rolled over several times and came to a rest in the front yard of a home several hundred yards down the road.

The Ford’s driver was taken to the hospital, and Hensley told a state trooper who arrived that he did not see the car before the accident. The trooper smelled alcohol on Hensley, who “admitted to having two drinks approximately 30-45 minutes prior to driving,” court records show.

Then Henlsey blew into the trooper’s portable breath tester, which recorded a blood alcohol level of 0.142%. He was taken into custody and a blood test recorded his level at 0.16% — twice Delaware’s legal limit of 0.08%.

Hensley has been free pending the resolution of the case and is participating in the current legislative session, where he’s on several House committees, including education and housing.

Joseph Fulgham, the spokesman for the 14 Republicans in the 41-member Delaware House, did not respond to a request for comment about Hensley’s plea deal.

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