Prosecutors: Man died after shootout in Dover apartment complex

DOVER — Javan Cale died defending his home from armed robbers, according to the prosecutor's opening arguments at the trial for his murder. 

Depaul Wilson, 37, and Guy Jones Jr., 28, both from Worton, Maryland, are accused of killing Cale, 32, on Jan. 10, 2017, at the west side Clearfield Apartments.

They are charged with first-degree murder, attempted robbery, home invasion, conspiracy and weapons-related offenses.

Prosecutor Stephen R. Welch Jr. said in Kent County Superior Court that Cale was shot three times in his upper body, and died from those injuries. He told the jury that Wilson and Jones were both shot, too.

"Evidence will show that soon after Javan opened the door, gunshots were heard and witnesses saw two guys running from the complex with guns and masks," Welch told the jury. "Evidence will show they intended to rob Javan."

But defense attorney Patrick J. Collins, representing Wilson, reminded the jury that evidence can be interpreted several ways.

"The line will have to move from innocent all the way to a reasonable doubt," he said. "What happened in that hallway? Is it (robbery) proven to you beyond a reasonable doubt? The state will struggle to prove that."

Defense attorney Suzanne MacPherson-Johnson, representing Jones, asked jurors to listen to both sides of the case.

"You have to find what the facts of this case are and then apply them to the law," she said. "You'll need to keep an open mind and do not come to any conclusion until you have heard all of the evidence."

Welch told the jury of 11 women and five men (including four alternates) that Cale was known to sell marijuana, and that he possessed a gun.

The prosecutor said that Cale's handgun and seven shell casings were recovered at the shooting scene and that five shell casings from the assailants were found, but no gun was recovered. 

Welch said that the first break in the case came the night of the shooting when three men showed up at Christiana Care Middletown Emergency in a silver SUV, the same color vehicle witnesses saw fleeing the area of the shooting.

He said Jones dropped Wilson off at the ER with a number of gunshot wounds to the lower part of his body. When interviewed by Middletown police, Wilson said that he was shot in Middletown.

Welch said that Wilson was later transferred to Christiana Hospital, where he checked himself out early in the morning before the Dover Police Department could interview him about the shooting in Dover.

The state prosecutor said medical records proved Wilson was shot several times, and also that his blood was found — and later confirmed to be his through DNA testing — in a silver Dodge Journey belonging to one of Jones' family members.

According to Welch, Jones also was shot three times and tried to treat his wounds himself.

"Evidence will show the case is straightforward," Welch said. "The defendants tried to rob Javan Cale and he was shot and killed. You will see clearly that they are guilty."

Cashana Lewis, the girlfriend with whom Cale was living, testified that she was in the back bedroom when she heard a knock on the front door. Moments later, she heard the door open and heard gunshots.

"It was just a couple of seconds between the door opening and the gunshots," she said. I heard five or six gunshots."

When she came to the front of the apartment, Cale was still standing and he told her to call 911. 

"I put the cloth on the wound like they told me as he was collapsing on the floor," she said. "I heard somebody say 'no' after the gunshots but didn't recognize the voice."

Dover Police Department patrolman Craig Mitchell,  one of the first on the scene after the 7:47 p.m. 911 call, testified that he checked Cale for a pulse but found none. He said he found  a small silver handgun next to Cale's body.

Kent County paramedic Harold Evans Neal also testified he saw a silver handgun on the ground next to Cale's leg and bullet wounds near his left armpit, abdomen and his back.

Cale was pronounced dead at Bayhealth Kent General Hospital.

Reach Jerry Smith at jsmith17@delawareonline.com. Follow him on Twitter at @JerrySmithTNJ.