A Delaware Superior Court has denied a motion to sever the trials of Destiny Laboy and Darin Wise. Both defendants face serious charges related to the death of Wise's four-year-old daughter, Amiyah Wise. The court's decision means they will be tried together, despite claims that their defenses are mutually antagonistic.
The case has drawn attention due to the tragic circumstances surrounding the child's death. Amiyah was found unresponsive on February 25, 2023, and was pronounced dead shortly after. Autopsy reports indicated that her death resulted from blunt-force injuries and severe maltreatment over time. The court's ruling impacts both defendants, as they will now have to navigate their defenses in a joint trial.
Background
The defendants, Destiny Laboy and Darin Wise, are charged with Murder by Abuse or Neglect in the First Degree, according to Delaware law. Wise is Amiyah's biological father, while Laboy is his live-in girlfriend. The state alleges that both were responsible for Amiyah's care and were aware of her deteriorating condition leading up to her death.
The case began when Wise called 911 after discovering his daughter unresponsive. The investigation revealed a history of neglect and abuse. The state contends that both defendants had a duty of care towards Amiyah and failed to fulfill that duty, leading to the tragic outcome.
Wise and Laboy filed a motion to sever their trials, arguing that their defenses would conflict with one another. They claimed that each would blame the other for the child's death, making it impossible for a jury to fairly assess their respective culpabilities. The court heard their arguments and ultimately decided against severance.
The Ruling
The court ruled that the motion to sever the trials was denied. Judge Paul R. Wallace stated, "Defendants haven’t established a reasonable probability that substantial injustice may result from a joint trial." The court found that the anticipated defenses did not present the kind of antagonism that would warrant separate trials.
In its decision, the court emphasized that simply having conflicting defenses does not automatically necessitate severance. The judge noted that the defendants' arguments assumed that identifying who caused Amiyah's death would absolve the other, which is not the case under Delaware law. The court pointed out that both defendants could be found guilty based on their respective failures to provide care, regardless of who inflicted the final injury.
Impact
The ruling has significant implications for the upcoming trial. By denying the motion to sever, the court has determined that the jury will hear the evidence against both defendants simultaneously. This decision could influence how each defendant presents their case and the strategies they employ during the trial.
This case also highlights the complexities involved in cases of child neglect and abuse. The court's ruling reinforces the idea that both caregivers can be held accountable even if one is found to have inflicted the fatal blow. The outcome of this trial could set a precedent for how similar cases are handled in the future, particularly in terms of joint trials for co-defendants.
What's Next
The case will proceed to trial as scheduled, with both defendants facing the same jury. There is always the possibility of an appeal following the trial, depending on the outcomes and any legal grounds that may arise. As of now, no related cases are pending that would affect this ruling.











