Marvin Brown, a colored male, 18, who was a member of the "West Side Gang," was arrested for this killing. He was later found guilty of murder in the second degree and is now serving a life term in the Newcastle County Correctional Institution.

The CHAIRMAN. That was a gang war; that is what it really amounted to?

Captain MCCOOL. It was a gang fight; a fight between the gangs. The CHAIRMAN. Rival gang leaders were involved?

Captain MCCOOL. Definitely.

Following the killing of B. J. Keller, as he was known to his associates, a group of the various gang leaders and some local citizenry decided to try to bring the different gangs closer together and lessen the violence that had been taking place. One of the initial steps that took place was the opening of a so-called youth center in the Riverside project and it was named "BJ's Corner."

The CHAIRMAN. That was in memory of or in honor of the man who had been killed?

Captain McCOOL. That is correct.

The CHAIRMAN. The objective was to remove these tensions and frictions and hates that were inspiring the violence? Captain McCooL. That is right, sir.

The CHAIRMAN. So that was set up in good faith.
Captain McCooL. That is right, Mr. Chairman.
The CHAIRMAN. With a noble purpose in mind.
Captain MCCOOL. That is right.

The CHAIRMAN. All right, proceed.

Captain MCCOOL. Several community agencies were interested in this project and served as advisers to this group. BJ's Corner did not meet with instant success and sporadic incidents continued to happen among the gangs. One of these incidents occurred shortly after the opening of BJ's Corner and involved the assault on an Air Force serviceman which was referred to by an earlier witness. He was attacked in the center and was quite severely beaten. This was in October 1966.

Through the continued efforts of the gang leaders and their advisers the organization had become known as the Wilmington Youth Emergency Action Council, commonly referred to as WYEAC, became known by its official name in October 1966, although it had been in a formative stage for several months prior to this date.

The reported purpose and goal of WYEAC included a program to bring unity among the gangs in the city of Wilmington and to ease the tensions among the youth groups from opposite areas in ways other than gang rumbles. WYEAC set up to operate in the four main areas of the city. The northeast section which became two groups: BJ's Corner at 27th and Claymont Streets, and South Street WYEAC at 14th and Claymont Streets.

The second area of the city was the west side section. The third area, the southern section and the fourth area the east side section.

WYEAC was headed by a director at this time, and following an initial funding program which took place in the summer of 1967, other job classifications came into being such as has been discussed by some prior witnesses.

The CHAIRMAN. Who named the director?

Captain MCCOOL. I do not know this, sir.

The CHAIRMAN. Do you know the source that named the director? Captain MCCOOL. No; I don't, Mr. Chairman.

The CHAIRMAN. Or how these other job classifications came into being? Who established those classifications?

Captain McCooL. I do not know this.

The CHAIRMAN. All right.

Captain MCCOOL. Conflicts within the city did not stop among the gangs and in fact splinter groups began to form separate from the WYEAC organization. Tensions had been increasing in the city for quite some time during the summer of 1967 and during the week of July 24, Chief of Police Paul J. Tidwell ordered the personnel of the Wilmington Bureau of Police placed on a 12-hour workday.

The CHAIRMAN. What was the reason for that?

Captain McCOOL. There were increasing incidents of the stoning of motor vehicles, assault upon citizens, increased verbal abuse to police officers.

The CHAIRMAN. Was this being done by the members of these gangs! Captain MCCOOL. By some members, yes, sir.

The CHAIRMAN. How about members of WYEAC? Were they participating in these?

Captain MCCOOL. Some members of WYEAC were participating. The CHAIRMAN. People who were drawing salaries?

Captain MCCOOL. I don't know that they were drawing salaries at that time, Mr. Chairman.

The CHAIRMAN. Proceed.

Captain MCCOOL. On Friday, July 28, disturbances grew into major proportions and the off-duty police personnel were ordered to duty and our emergency plan was instituted. Malicious destruction of property, assaults on citizens and police officers, looting of business establishments all began to take place.

The CHAIRMAN. Did they have their money at that time? Had they been financed by OEO?

Captain McCooL. In the latter part or on July 28, I don't know, Mr. Chairman.

The CHAIRMAN. What time was the money made available?

Mr. MANNIX. That was about the time they had the first summer grant.

The CHAIRMAN. I would like to get that date exactly.

Captain McCooL. The full mobilization of the Wilmington Bureau of Police and a dusk-to-dawn curfew were needed before we could restore order in the city of Wilmington.

During the July disorders, seven persons who at one time or another had been paid members of WYEAC were arrested on various charges under the existing emergency laws.

The CHAIRMAN. Were they already members of WYEAC or did they later become members of WYEAC?

Captain MCCOOL. Mr. Chairman, the list that we have been able to see, at times they appeared on the payroll, then they were off the payroll, then they were back on. The seven people referred to here have been paid members at one time or another since WYEAC has come into being.

The CHAIRMAN. According to our information here, I think the facts bear this out, the first grant was made July 25, 1967. So this was occurring within a week after the grant, the first grant, was made. Is that right?

sir.

Captain McCOOL. If that is the date it was made, that is correct,

The CHAIRMAN. That date can be verified, I am sure.

Captain McCooL. Approximately 22 associated WYEAC people were arrested under the emergency laws in existence at that time also.

The CHAIRMAN. You mean some 22 were arrested at that time.

Captain MCCOOL. That is correct, during the July disorders, which included July 28, the end of July and the following week while our emergency laws were in existence.

The CHAIRMAN. Do you know whether they were on the payroll at that time or not?

Captain McCOOL. These were not paid members, Mr. Chairman. These members were what we referred to as associate members, followers of the organization.

The CHAIRMAN. Go ahead.

Captain MCCOOL. It was during the next few days that I personally left the city of Wilmington to attend the Federal Bureau of Investigation's National Police Academy in Washington, D.C. I was in attendance there for a 12-week period but I do have documented reports of several incidents that happened in Wilmington during this time.

The CHAIRMAN. Go ahead.

Captain MCCOOL. On August 18, 1967, one Mary Donohue, a white female, 55 years of age, was kidnapped off the downtown streets of Wilmington. She was abducted in an automobile where she was then taken to the dock area of our city known as the marine terminal. This woman was then raped and robbed. She had been severely beaten and required hospitalization. Investigation of this vicious case resulted in the arrest of Perry Matthews, a colored male, 18 years, who was a paid WYEAC worker.

The CHAIRMAN. Is he on this list?

Captain MCCOOL. Yes, sir, I believe he is. The lower right-hand

corner.

The CHAIRMAN. Point him out. What is his name?
Captain McCOOL. Perry Matthews.

The CHAIRMAN. How much was he receiving at that time?

Captain MCCOOL. The chart indicates $3,400 to $3,800 per year. The CHAIRMAN. Somewhere between $3,400 and $3,800 per year? Captain McCooL. That is right.

The CHAIRMAN. Now this occurred on what date?

Captain MCCOOL. This occurred on August 18, 1967.

The CHAIRMAN. About 3 weeks after this project was financed.

Captain McCOOL. That is correct.

The CHAIRMAN. Was he on the rolls at that time?

Captain MCCOOL. Yes, sir.

The CHAIRMAN. He was one of those who had been selected to lead

the youth of the community?

Captain McCooL. He was listed as a youth aid worker, Mr. Chairman.

The CHAIRMAN. A youth aid worker.

Captain McCooL. Yes, sir.

The CHAIRMAN. Tell us what happened to that case?

Captain McCooL. The climax of the case in court actually resulted in both of these subjects being subjected to life imprisonment. The CHAIRMAN. This man was sentenced to life imprisonment. Captain MCCOOL. That is correct.

The CHAIRMAN. He had been selected as a youth aid and less than 3 weeks afterwards he committed this heinous crime and has now been convicted and is serving a life sentence?

Captain McCooL. That is correct.

The CHAIRMAN. Proceed.

Captain McCooL. On September 4, 1967, two men who have been paid WYEAC workers were apprehended along with four other persons in an automobile which had been reported stolen from New York City. These arrests took place in the 500 block of West Sixth Street in the city of Wilmington. The operator of this vehicle was also found to have an 8-inch knife with a release button device on it in his possession. The two WYEAC workers who were apprehended were Theodrick Smiley and Robert J. Bolden III, both of whom have had extensive dealings with the police department.

The CHAIRMAN. Are they on here?

Captain McCOOL. Yes, they are, Mr. Chairman.

The CHAIRMAN. What is Smiley's job?

Captain McCOOL. Smiley is a South Street Center director.

The CHAIRMAN. He got $6,000 a year, I believe.

Captain McCOOL. That is what is indicated on this chart I have. The CHAIRMAN. Who was the other one? He was making $6,000 a year salary at that time?

Captain MCCOOL. At that particular time, Mr. Chairman, as I have said, the payroll sheets are somewhat difficult to establish at what exact time they were on there. He is currently on the WYEAC payroll.

The CHAIRMAN. The grant had only been given 6 weeks before or a little less than 6 weeks before. You don't mean to imply that after he was charged with this crime, after he was apprehended, then he was put on WYEAC payroll at a $6,000 a year salary, do you?

Captain McCooL. It is possible, Mr. Chairman.

The CHAIRMAN. It is?

Captain MCCOOL. Yes, sir.

The CHAIRMAN. You mean the way it was managed and operated that was quite possible?

Captain McCOOL. Yes, sir.

The CHAIRMAN. I would like the staff to ascertain whether he was put on here as a South Street Center director at $6,000 a year, whether he was put on as a center director after this arrest, or before.

Mr. FIALKEWICZ. At the time of the arrest he was a worker down in the youth worker group.

The CHAIRMAN. He was drawing money at about the $4,000-a-year salary?

Mr. FIALKEWICZ. Yes.

The CHAIRMAN. He got promoted?

Mr. FIALKEWICZ. Yes.

Mr. BIONDI. This witness here has personal information with respect to that.

Lieutenant TURNER. Mr. Smiley was promoted when the center director was suspended August 31, 1968. He was promoted to center director in the place of Meredith Wiggins.

The CHAIRMAN. He was on the payroll then, at the time of this arrest?

Lieutenant TURNER. Yes.

The CHAIRMAN. He got promoted just before the arrest?
Lieutenant TURNER. After the arrest.

The CHAIRMAN. He got promoted after?

Mr. ADLERMAN. Was that August 31?

Lieutenant TURNER. August 31 is when he took over the center directorship.

The CHAIRMAN. Do you mean they were rewarding crime? If you go out and commit a crime you get a promotion? Is that what happened?

Lieutenant TURNER. He was promoted, sir.

The CHAIRMAN. After committing the crime?
Lieutenant TURNER. Apparently so.

The CHAIRMAN. Had he been arrested when he was promoted?
Lieutenant TURNER. Yes, sir.

The CHAIRMAN. It was well known, it was publicized in the paper?
Lieutenant TURNER. I don't know the coverage on it, sir.

The CHAIRMAN. I would assume an arrest like that would be publicized.

Captain MCCOOL. Yes, sir; it was probably publicized.

The CHAIRMAN. Anyway, he got a promotion 3 or 4 days afterward. Mr. ADLERMAN. No; it was a year later. He was arrested on September 4, 1967. The promotion took place August 31.

Lieutenant TURNER. That is correct.

The CHAIRMAN. I see. Nearly a year later. Proceed.

Captain MCCOOL. On the night of December 25, Christmas evening

The CHAIRMAN. What happened to that case?

Captain MCCOOL. The disposition of the case, Mr. Chairman, I would have to check in our arrest folders.

The CHAIRMAN. Check it out and submit it for the record. Somebody can check it out while he goes ahead with his testimony. (The disposition of the case referred to above follows:)

Theodrick Smiley, Jr., Arrest #G4203. Arrested 9/4/67 by Patrolman Simon Edwards. Charged 9/4/67. Held for New York City Police Department. Complaint filed at Central Headquarters on 9/5/67. On October 9/67 said case retired by Judge Leonard Williams, Wilmington, Del.

Arrest #G4197. Arrested 9/4/67 by Patrolman Simon Edwards. Charged 9/4/67, night prowling. Complaint A-O at 500 West 6th Street, Wilmington, Delaware. On 9/1/67 charged dismissed by Judge Leonard Williams.

Captain MCCOOL. On the night of December 25, Christmas evening, six police officers from the city of Wilmington were sent to the hospital as a result of injuries they received in a melee that occurred at