Hastings v. State

Summary

The Supreme Court of Delaware affirmed Michael Hastings’s convictions for first-degree reckless endangering and possession of a firearm during the commission of a felony. Although the trial court’s instruction defining substantial risk improperly included the phrase “imminent threat,” the error was not plain because it did not clearly prejudice Hastings or affect the trial’s outcome. The evidence was sufficient because Hastings pointed a loaded, ready-to-fire handgun at protesters during a tense confrontation and left it unattended nearby.