Former Delaware police officer ordered to probation after conviction for assault

A former police officer in Delaware, Samuel Waters, has been sentenced to probation after being convicted of assault, official misconduct, and evidence-tampering related to a 2021 arrest. Waters, a former Wilmington officer, was found guilty by a jury of misdemeanor assault for an incident that sparked public outcry after videos of the arrest were circulated on social media. The jury acquitted Waters of felony perjury charges and an additional assault charge stemming from a different arrest a few days prior.
The sentencing took place following a plea from prosecutors for a six-month jail term. However, Waters’ defense successfully argued that probation would be a more suitable punishment, especially considering Waters was already dismissed from his position in January 2022 and is facing a federal lawsuit on the matter.
The incident in question occurred in a south Wilmington convenience store in September 2021. Waters confronted a man following reports of harassment toward employees of a nearby daycare facility. Surveillance footage captured Waters initiating contact with the man, grabbing his arm, and pushing him against a plexiglass panel, resulting in the man’s head being slammed into the panel twice before both individuals fell to the floor.
During the trial, a Wilmington officer responsible for training others on the use of force testified that department protocols do not support the action of bouncing a suspect’s head off a wall. Certain areas of the body, including the face, neck, and back, are considered “red zones” due to the high risk of severe injury, and the level of force used by Waters was deemed unjustifiable.
Deputy Attorney General Dan McBride, who oversees the state attorney general’s office of civil rights and public trust, characterized the use of force as an “almost an ambush” that occurred swiftly during the encounter. Despite this, Judge Francis Jones concluded that Waters does not pose an ongoing threat to public safety and described the events as an isolated incident, leading to the decision to sentence Waters to probation. Following the verdict, Waters’ attorney stated that his client plans to appeal the conviction.