Probation Issued After Conviction of Assault and Misconduct
Former Wilmington police officer Samuel Waters has been sentenced to probation following his conviction for misdemeanor assault, official misconduct, and evidence tampering in connection with a 2021 arrest. The sentencing came after a jury trial last year, where Waters was acquitted of felony perjury and a separate assault charge.
Incident Sparked Protests After Video Was Released
The arrest in question, captured on surveillance video, led to public demonstrations after the footage circulated on social media. The video shows Waters confronting a man at a convenience store in south Wilmington in September 2021. Police had received reports of harassment from employees of a nearby daycare center, prompting the confrontation.
In the video, Waters is seen speaking briefly with the man before grabbing his arm and pushing him against a plexiglass panel. Waters then slammed the man’s head into the panel twice, leading both to fall to the ground. This aggressive use of force sparked outrage in the community.
Prosecution Pushed for Jail Time, Defense Argued for Leniency
Prosecutors sought a six-month jail sentence, arguing that Waters’ use of force was excessive and unjustified. Deputy Attorney General Dan McBride described the officer’s actions as “almost an ambush,” noting the speed and severity of the force used.
However, defense attorneys successfully argued for probation, citing Waters’ termination from the Wilmington Police Department in January 2022 and his ongoing federal lawsuit as reasons to avoid jail time. They contended that Waters posed no ongoing threat to public safety.
Judge Declares Incident a “One-Off”
During the sentencing, Judge Francis Jones expressed that he did not believe Waters represented a future risk to the public, describing the event as a “one-off” incident. He ultimately imposed a sentence of probation rather than jail time.
Use of Force Criticized by Department Trainer
A Wilmington officer who trains others in the use of force testified at the trial, emphasizing that the actions taken by Waters were inconsistent with department policy. The testimony explained that force to the face, neck, and back are considered “red zones” due to the high risk of serious injury. The officer noted that there was no immediate threat in the situation that would justify such an extreme use of force.
