The Department of Justice’s Division of Civil Rights & Public Trust has indicted a Millsboro police sergeant and evidence custodian after an investigation revealed that he tampered with and used drugs stored in the Department’s evidence locker.  

Matthew Dufour, 34, faces ten charges—including multiple felonies such as first-degree tampering with public records. Dufour is currently on administrative leave without pay or benefits by the Millsboro Police Department. His actions were reported to the Department of Justice by officials at Millsboro PD, who began an investigation into Dufour’s actions as soon as they became aware of them and subsequently referred the investigation to Delaware State Police.  

“We are empathetic to everyone grappling with drug use, and are grateful that the Defendant survived his overdose — but accountability matters, particularly in matters of public trust,” said Attorney General Kathy Jennings. “The Defendant’s actions put his own life in danger, jeopardized the work of his department, and effectively undermined the lawful investigations of his fellow officers. I’m grateful as always to the staff of our Division of Civil Rights & Public Trust for securing this indictment, and to our partners in Millsboro PD who immediately did the right thing and Delaware State Police who helped lead the investigation.”

“Honor is the characteristic that all law enforcement must uphold,” said Millsboro Chief of Police Brian K. Calloway. “Officers must always do the right thing, even when no one is watching. When our agency discovered an Officer was suspected of criminal misconduct, our Department immediately reported these allegations to the Department of Justice requesting a full investigation. I want to commend the men and women of the Millsboro Police Department who continue to service our community with Honor, because that is the commitment our agency has made to our community.” 

On the morning of February 19, Dufour was discovered, unresponsive, inside of his marked police vehicle, exhibiting signs of a drug overdose. He was treated on-scene, including with Naloxone, before being transported to a hospital for further treatment. Toxicology analysis later revealed the presence of fentanyl, oxycodone, and cocaine in Dufour’s system.  

A subsequent investigation, including a complete audit of all drug evidence in Millsboro PD’s custody, indicated that Dufour had deliberately mishandled drug evidence set for destruction on as many as 13 occasions.  

In one such instance, Dufour was found to have removed suspected cocaine from an evidence envelope, then — to conceal his actions — replaced it with suspected cocaine from a separate case’s envelope and forged another Millsboro officer’s initials without his permission. Dufour also logged accompanying false entries into LEISS, a law enforcement information system. Other instances of similar misconduct reoccurred from November 2022 through February 2023. The investigation ultimately revealed that Dufour only tampered with evidence on closed cases and that was set for destruction — however, the potential shadow that Dufour’s misconduct cast on drug evidence that he could have accessed led prosecutors in March to drop several pending criminal cases in accordance with their ethical and constitutional responsibilities. 

The charges against Dufour are as follows: 

  • Two counts of Tampering with Public Records in the First Degree, a Class E Felony  
  • One count of Forgery in the Second Degree, a Class G Felony  
  • Two counts of Offering a False Instrument for Filing, a Class A Misdemeanor  
  • Four counts of Obtaining Controlled Substances by Theft, a Class F Felony 
  • One count of Official Misconduct, a Class A Misdemeanor 

If convicted on all charges, Dufour faces a sentence range of 0 to 27 years. Dufour’s indictment was secured by the Division of Civil Rights & Public Trust, following investigations led by the Delaware State Police and Millsboro Police Department.