of a Firearm During the Commission of a Felony
(“PFDCF”), one count of Reckless Endangering First Degree, and one count of
Possession of a Firearm by a Person Prohibited (“PFBPP”). The PFBPP charge was
pursuant to 11 Del. C. § 1448.

These charges stemmed from a confrontation between Defendant Lewis and
Toney Morgan which ended in the death of Toney Morgan.

An information was filed on December 18, 2013 and a re-indictment Was issued
on December 23, 2013 modifying the PFBPP count to PFBPP pursuant to ll Del. C. §
l448(e)(2). The re-indictment alleged that Mr. Lewis had negligently caused the death of
Mr. Morgan while in possession of a firearm as a person prohibited (hereinafter referred
to as “PFBPP-NCD”).

Mr. Lewis admittedly is a person prohibited from possessing a firearm. Mr.
Lewis admittedly killed Toney Morgan with a firearm.Mr. Lewis contended,
nonetheless, that he was not guilty of PFBPP-NCD because he only possessed the firearm
momentarily and used it only in self-defense, having wrestled it away from Morgan, who

was attacking him. The Superior Court charged the jury that if Defendant Lewis only

possessed and used the weapon momentarily in self-defense, then he was not guilty of
PFBPP.

The parties submitted their respective positions on the availability of a
justification defense at trial in relation to the PFBPP charge. On November 20, 2013, the
Superior Court ruled that the justification defense was available on the PFBPP charge.1

Against the advice of counsel, Lewis rejected the State’s various plea offers on
December 16, 2013, December 18, 2013 and January 6, 2014.2

On December 27, 2013, Mr. Lewis filed a pro se letter requesting that new
counsel be appointed. The