                                 FACTS
      Purnell was arrested on July 28, 2016, in connection with a shooting incident which
had occurred at Alder Park Apartments south of Dover on July 24, 2016. On that date,
Corporal Edwin Justiniano (“Cpl. Justiniano”) of the Delaware State Police responded to
a complaint that a man had pushed a woman in the commons area outside one of the
apartment buildings and had displayed a firearm. Upon arriving at Alder Park Apartments
at approximately 8:20 p.m., Cpl. Justiniano saw Purnell in the area where the complaint
had been reported; he could see that Purnell appearedto match the description of the


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assailant. Cpl. Justiniano told Purnell to “come over here,” at which point Purnell and
another individual who was in the area fled on foot behind one of the nearby apartment
buildings. Cpl. Justiniano, who was alone, gave chase. The second individual soon veered
off and ran in a different direction from Purnell. Cpl. Justinano chose to let that person
go and continued to chase Purnell.
          As Cpl. Justiniano pursued Purnell behind the building,