James MacColl

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Service Record

Wilmington Delaware Police Department

Rank Corporal[1], Senior Corporal[2]
Salary $79,668 (2017)[2]
Last Known Status Terminated[3]

Incident Reports

2015 Death of Jeremy McDole

On September 23, 2015, MacColl and other officers responded to a call of a possible self-inflicted shooting reported near a business. Officers arrived, located McDole, and ordered him to show his hands. McDole did not comply, and was shot by one officer who claimed to see a gun. Shortly after, McDole appeared to reach into his pants, and MacColl and two other officers fired, killing McDole.[1]

The incident was captured on cell-phone video starting about one minute after the officers arrived.[1]

Response Timeline

McDole's family sued the city and the officers.[4]

In May 2016, an investigation by the Delaware Department of Justice determined that MacColl should not be charged as he believed that deadly force was required. The report did note "serious deficiencies" in the officers' training.[1][5]

In December 2016, the city settled the family's lawsuit for $1.5 million.[4]

2019 Shooting of Yahim Harris

On February 2, 2019, an armed carjacking was reported to 911, and the caller followed the vehicle and gave location information to the police. MacColl responded to the call, and located Harris. When Harris stopped the car and tried to run away, MacColl shot and wounded him.[3][6]

As part of the investigation, MacColl's handgun was collected as evidence, along with bullets recovered at the scene.[3]

Response Timeline

On February 18, 2019, a ballistics report noted that the markings on the bullets did not match the rifling of the barrel on MacColl's handgun.[6]

On November 4, 2019, the Delaware Department of Justice cleared MacColl of any criminal wrongdoing for using deadly force against Harris. Their report noted police had been told by a dispatcher that the carjacking suspects were armed, and that MacColl did not fire his weapon until Harris, who had been driving the stolen vehicle, turned toward him and extended his arm while holding a black object in his hand. Investigators found that MacColl's recollection of events was corroborated by surveillance video and medical records of the injuries to Harris. [3][6][7]

During a January 27, 2020 internal investigation interview, MacColl admitted to switching the original handgun barrel in 2017, and claimed that he had not replaced the barrel after shooting Harris.[6]

On March 3, 2020, the charges against Harris were dropped as MacColl's credibility was in question.[6]

On January 11, 2021, Harris sued the department and several officers, claiming they used excessive force.[8]

On March 22, 2021, MacColl was charged with felony counts of tampering with physical evidence and making a false statement to law enforcement, and a misdemeanor charge of official misconduct. If convicted, MacColl would face a maximum penalty of five years in prison.[3][9][10]

MacColl asked for the criminal case to be dismissed as his statements during the internal investigation were made under a threat of termination.[3]

In early 2022, Harris' lawsuit was settled for $650,000.[3][11]

On July 1, 2022, a Superior Court judge refused to dismiss the criminal case and allowed statements MacColl made during an internal investigation into the case, noting that his statements would have been protected if they had been truthful.[3]

On March 3, 2023, a jury found MacColl guilty on a felony charge of making a false statement to law enforcement and misdemeanor official misconduct. MacColl was acquitted of tampering with physical evidence.[12]

On March 24, 2023, MacColl was sentenced to a year of probation and 150 hours of community service. MacColl was stripped of his pension and had to surrender firearms that had been previously seized.[13]

On January 10, 2024, MacColl asked the state Supreme Court to overturn his conviction on the grounds that the trial judge should have excluded some evidence and dismissed the charges against MacColl.[14]

On January 25, 2024, the state Supreme Court upheld MacColl's conviction.[15]

Other Incident

Sources noted a later incident, but details are not publically available.[3]

Response Timeline

MacColl was terminated.[3]

LEO Ratings

References

  1. 1.0 1.1 1.2 1.3 Use of Force Report, Delaware Department of Justice, 2016-05-12
  2. 2.0 2.1 James Maccoll J, Senior Corporal, City of Wilmington, govSalaries
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Randall Chase, Former officer charged with tampering, lying after shooting, myJournalCourier, 2022-07-01
  4. 4.0 4.1 Tom Byrne, City of Wilmington, McDole family settle lawsuit, Delaware Public Media, 2016-12-16
  5. Supplemental Report, Delaware Department of Justice, 2020-09-22
  6. 6.0 6.1 6.2 6.3 6.4 Delaware v Harris, Superior Court of the State of Delaware, 2020-03-03
  7. Final Report, Delaware Department of Justice, 2019-11-04>
  8. Harris v City of Delaware, U.S. District Court, 2021-01-11
  9. Randall Chase, Former officer charged with tampering, lying after shooting, AP News, 2021-03-23
  10. Delaware v MacColl, Superior Court of the State of Delaware, 2021-03-22
  11. Secret settlement revealed, see how much Wilmington paid, Delaware Online, 2022-06-13
  12. Xerxes Wilson, Jury finds former Wilmington officer guilty of lying to investigators after teen shooting, Delaware News Journal, 2023-03-03
  13. Xerxes Wilson, Former Wilmington police officer who shot teen gets probation for lying to investigators, Delaware News Journal, 2023-03-24
  14. Randall Chase, Former Delaware officer asks court to reverse convictions for lying to investigators after shooting, Washington Post, 2023-01-10
  15. Xerxes Wilson, Supreme Court rules on former Wilmington officer's lying conviction in teen shooting case, Delaware News journal, 2024-01-25