The Delaware Supreme Court affirmed the conviction of Jason Wilcox in a fatal hit-and-run crash that killed three people and injured four others, rejecting his appeals on evidence and procedural grounds in a decision issued Feb. 6.
Wilcox was driving his 2016 Range Rover Sport westbound on Delaware Route 9 on Dec. 24, 2022, around 8 p.m. when he crashed into a Honda Odyssey minivan driven by Jason Wright, who was traveling with six family members. The collision occurred at the intersection of Minos/Conaway Road and Route 9 in a 50 mph speed limit zone.
According to the Delaware Supreme Court's order, Wilcox was driving over the speed limit when the crash occurred. After the impact, Wilcox fled the scene. Three people in the minivan were killed and four others injured in the collision.
The crash occurred under clear weather conditions on a dry, two-lane road. Wright had stopped at a stop sign at the intersection before entering the westbound lane where Wilcox was traveling. Wright intended to turn left onto eastbound Route 9 when the collision occurred. Cars on Route 9 have the right-of-way and typically have a clear view of the intersection where the crash happened.
A grand jury indicted Wilcox for crimes related to the collision. Following a trial, a jury found him guilty of all charges. The Superior Court of Delaware sentenced Wilcox to lengthy incarceration followed by decreasing levels of probation.
Wilcox appealed his convictions to the Delaware Supreme Court, raising three primary arguments. First, he claimed the Superior Court erred in denying his motion to compel Brady material. Brady material refers to evidence that is favorable to the defendant and material to guilt or punishment, which prosecutors must disclose under the Supreme Court's ruling in *Brady v. Maryland*.
Second, Wilcox challenged the admission of data from his car's electronic data recorder, known as an EDR. The EDR evidence showed that five seconds before the crash, Wilcox accelerated from an unspecified speed. Electronic data recorders are increasingly used in criminal cases to provide objective evidence about vehicle speed, braking, and other factors immediately before collisions.
Third, Wilcox argued under plain error review that the trial court erroneously instructed the jury as a matter of law. Plain error review is a higher standard that applies when defendants did not object to jury instructions at trial but later claim the instructions were fundamentally flawed.
The Delaware Supreme Court, in an order by Chief Justice Seitz and Justices LeGrow and Griffiths, rejected all three arguments and affirmed Wilcox's conviction. The court found that the Superior Court properly denied the Brady material motion, correctly admitted the EDR evidence, and provided appropriate jury instructions.
The case highlights the growing use of electronic data recorder evidence in criminal prosecutions involving vehicle crashes. EDRs, which are standard equipment in most modern vehicles, capture data about vehicle speed, acceleration, braking, and other factors in the seconds before a collision. This objective data can be crucial evidence in hit-and-run cases and other traffic-related crimes.
The Brady material challenge reflects ongoing tensions in criminal law over prosecutorial disclosure obligations. Under *Brady v. Maryland*, prosecutors must turn over evidence that is both favorable to the defense and material to the outcome of the case. Defendants frequently challenge convictions by claiming prosecutors withheld Brady material, though courts typically require a showing that the undisclosed evidence would have affected the trial's outcome.
The case also demonstrates the serious criminal penalties that can result from hit-and-run crashes, particularly those involving fatalities. While the court's order does not specify the exact charges or sentence length, it notes that Wilcox received "lengthy incarceration followed by decreasing level of probation," suggesting substantial prison time.
Hit-and-run crashes that result in death typically carry severe penalties under state law, often including charges for vehicular homicide, failure to remain at the scene, and related offenses. The decision to flee the scene can significantly increase criminal exposure beyond the underlying crash itself.
The Delaware Supreme Court's decision represents the final resolution of Wilcox's direct appeals, though the court's order suggests that all three justices agreed with the outcome. The case was submitted to the court on Nov. 12, 2025, and decided Feb. 6, 2026.
The tragic collision on Route 9 resulted in three deaths and four injuries among Wright's family members, highlighting the devastating consequences of speeding and hit-and-run crashes. The case underscores the importance of remaining at crash scenes and the serious legal consequences that can follow when drivers flee after causing fatal collisions.