WILMINGTON — A former Wilmington police officer has begun serving a jail term Friday after being charged with multiple counts in 2023, including hitting his girlfriend with a car.
Judge Frank Jones sentenced Darryl Warren, 42, on Feb. 12 to one month in New Hanover County Detention Center and one year of probation upon release. Warren pleaded guilty to serious injury by a vehicle. It was an open plea, not discussed between the prosecution and defense but up to the judge’s discretion.
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Warren was indicted for hitting his girlfriend while under the influence of alcohol on July 25, 2023 near Costco around midday. He was charged with two felonies, including assault with a deadly weapon inflicting serious injury and serious injury by motor vehicle, and two misdemeanors, including assault on a female and carrying a concealed weapon. He also was charged separately with driving while impaired.
However, he only was convicted with serious injury by motor vehicle. Port City Daily asked why the other charges were dropped by the district and superior courts.
“Prosecutors are required to only go forward on charges they believe they can prove each and every element of, beyond a reasonable doubt,” District Attorney office spokesperson Samantha Dooies explained. “The prosecutor believed she could prove each element of Felony Serious Injury by Motor Vehicle beyond a reasonable doubt, and that was the charge that Warren pled guilty to through an Alford plea. The other misdemeanor charges were dismissed pursuant to the plea.”
The charge of driving while under the influence was dropped in exchange for Warren’s guilty plea of serious injury by a vehicle, according to court documents. Warren took an Alford plea, which is when defendants maintain their innocence but admit that the prosecution has enough evidence to secure a conviction.
Warren’s defense, David Gross, tried to argue the breathalyzer test issued after his arrest was not viable and attempted to get the charges dropped Feb. 6 by submitting a motion to suppress.
The motion went on to list that a “collision, admission of drinking, odor of alcohol,” and red or glassy eyes “do not establish probable cause.” It stated that appellate courts in the state have held those characteristics only demonstrate an individual has consumed alcohol, not that they are impaired. The document further noted the video evidence provided by prosecutors didn’t demonstrate any usable evidence of impaired physical or mental characteristics.
But the judge didn’t accept the motion. A week later, Warren took the Alford plea. Port City Daily followed up with Dooies asking if the other charges were dropped in exchange for the plea as well but didn’t hear back by press.
As part of the plea, Warren agreed to have no contact with the victim and returned his weapon to the WPD.
Warren served on the WPD for two-and-a-half years prior to his termination in July 2023. He turned over his personal weapon to WPD as a condition of his judgment and sentencing.
Before working on the city police force, he was employed by Wrightsville Beach Police Department from 2015 until October 2020. According to previous Port City Daily reporting, before serving on the force Warren was found guilty of a misdemeanor related to a breaking-and-entering case in 2002, and received charges that were later dropped, related to a stolen firearm and possession of a controlled substance, among others.
In 2022, his ex-wife attempted to place a protective order against Warren for threatening her late at night while under the influence. She claimed she and her kids were unsafe; the judge denied issuing the order due to failure to prove grounds it was needed.
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