Sunday, February 9, 2025

Update: $7 million settlement for man who spent 28 years in prison after Wilmington police made ‘errors’

Mayor Bill Saffo announced the settlement on Monday night, citing the lack of physical evidence, the recanted testimony of a co-defendant, and the "difficulties related to retrying a 28-year homicide."

Update 6:30 a.m. – This article has been updated to include additional information.

WILMINGTON — After a special closed session with Wilmington city council members on Monday night, Mayor Bill Saffo announced a settlement of $7 million with Johnny Small, who had spent 28 years in prison for the robbery and murder of a local pet shop owner, Pamela Dreher, in 1988.

The mayor said that the $7 million would be taken from the city’s general fund.

The agreement brought a conclusion to Small’s pending federal lawsuit, Johnny Small v. City of Wilmington, after his conviction was vacated on August 16, 2016, by Superior Court Judge Douglas Parsons. Small, who was just 15 at the time of Dreher’s death, 16 when he was convicted, has maintained his innocence.

The court did not make a finding of actual innocence, and did not declare Small wrongfully convicted.

However, Judge W. Douglas Parsons noted that a key prosecution witness, David Bollinger, who was Small’s co-defendant at the time of the trial, had recanted his original trial testimony. During a hearing, Bollinger told Parsons that he had lied when initially questioned and, following that, a Wilmington Police Department detective had coerced his false testimony by threatening him with murder charges. Bollinger, a childhood friend of Small’s, was also a teenager at the time of the investigation and trial.

Parsons also found that procedural errors occurred and that “Brady materials” were not properly disclosed; those materials are evidence that would be favorable to the accused — in other words, evidence that would indicate a defendant’s innocence, or that might mitigate a defendant’s crime and possibly reduce sentencing.

“Superior Court Judge Douglas Parsons vacated Small’s 1989 conviction after making a finding that the Wilmington Police Department Police (WPD) detectives handling the case made several mistakes in the discovery process leading up to Small’s trial, including not turning over possible evidence to the prosecution,” Saffo said. 

Citing the recanted testimony of the co-defendant, the lack of physical evidence, and the “difficulties related to retrying the 28-year-old homicide”, Saffo said that New Hanover District Attorney Ben David declined to further prosecute the criminal case and filed a dismissal of the charges on September 8, 2016.

According to Saffo, the settlement reached tonight reflects an acknowledgment that WPD detectives made procedural errors in the investigation of this particular case over 30 years ago.

He said the city and WPD are confident that “this is an isolated incident from long ago.”

“We were disappointed to learn about this situation. This occurred 30 years ago and is not reflective of our current police department,” Saffo said.

According to WPD Chief Ralph Evangelous:

Every police officer who works at the WPD is very aware that if they do not follow the proper discovery procedures, they risk their cases being overturned and thrown out of court, no matter what the crime is or how much evidence they have against a suspect. It is common sense and it is the law and this is how the WPD operates in 2018. It has worked this way ever since I have been here.

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