Judge: Morristown man accused of fleeing cops and tossing gun too risky for rehab

A judge on Friday denied a request to transfer Delmar Walker from jail to a drug rehab program, citing weapons charges, prior convictions and a history of skipping court appearances.

“I’m not comfortable releasing Mr. Walker under these circumstances…I think the risk is too great here,” Superior Court Judge Stephen Taylor said in Morristown.

Police say Walker, 34, tossed a loaded revolver into a Flagler Street dumpster while running from police on Dec. 26, 2019. Charges against him included unlawful handgun possession, possession of a weapon for an unlawful purpose, and obstructing the administration of law.

Morris County Assistant Public Defender Tracy Denholtz asked the judge to authorize Walker’s transfer from the Morris County Jail to a six-month program at Damon House Inc. in Paterson.

She described a course of “behavior modification” and anger management in an environment more structured and rigorous than prison, where Walker also can deal with chronic substance abuse.

“I would ask that your Honor allow Mr Walker to start to address some of the demons in the past that he’s been facing which has led him to his prior interaction with the criminal justice system,” Denholtz said.

Morris County Assistant Prosecutor Robert Graber opposed the move. At the time of the alleged weapon incident, Walker was on probation for simple assault in a domestic violence case, Graber said. The defendant also has prior convictions for burglary and intent to distribute drugs.

“These are very serious crimes,” Graber said, noting that Denholtz was unable to provide details about security at Damon House.

In Morristown, Graber said a surveillance camera recorded Walker throwing an object into the dumpster, where authorities soon discovered the handgun. Charges were presented to the grand jury this week, and Walker will be arraigned soon, Graber told the judge.

Denholtz said the video does not tie Walker to the gun in the dumpster, a point she will attempt to prove at trial.

Walker has rejected the prosecutor’s offer of five years in state prison, serving at least 42 months, in exchange for a guilty plea to a second-degree offense known as “certain persons not to have weapons.”

That resonated with the judge.

“What’s the level of security? That’s my chief concern,” Taylor said. “At Damon House, that’s my chief concern, given Mr. Walker’s history, and the allegation of his current offense, as a certain person not to have a weapon, that he is facing.”

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