State v. Tenaglia

── State v. Tenaglia ── Court: Superior Court of Delaware Date: April 30, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, ) ) Plaintiff, ) ) v. ) ) ID. No. 2407012475 ) ) JOSHUA J. TENAGLIA ) ) Defendant. ) Submitted: January 23, 2026 Decided: April 30, 2026 COMMISSIONER’S REPORT AND RECOMMENDATION THAT DEFENDANT’S MOTION FOR POSTCONVICTION RELIEF SHOULD BE DENIED Joseph S. Grubb, Esquire and Barzilai K. Axelrod, Esquire, Deputy Attorneys General, Delaware Department of Justice, Wilmington, Delaware, Attorneys for the State. Defendant Joshua J. Tenaglia, Howard R. Young Correctional Institute, Wilmington, Delaware, pro se. SALOMONE, Commissioner  This 30th day of April 2026, upon consideration of the pro se Motion for Postconviction Relief filed by Defendant Joshua J. Tenaglia (“Defendant” or “Tenaglia”);1 the Affidavit in Response to Defendant’s Motion for Postconviction Relief filed by trial counsel (“Trial Counsel”);2 the Defendant’s Reply;3 and the record in this matter, the following is my Report and Recommendation. FACTS AND PROCEDURAL HISTORY On July 5, 2024, Defendant entered a smoke shop in Newark, Delaware where, according to witnesses and surveillance footage, he engaged in a verbal confrontation with a fellow patron.4 Soon thereafter, Defendant left the store, entered a grey Mazda sedan, and proceeded northbound on Salem Church Road.5 According to further witnesses and surveillance footage from the area, the vehicle was seen entering the shoulder where it collided with a pedestrian who was wearing similar clothes to the individual Tenaglia was seen arguing with in the smoke shop.6 The driver of the vehicle did not stop after the collision and continued northbound.7 1 Docket Item 29. For purposes of this Report and Recommendation, all docket item references relate to Superior Court Criminal Docket, State v. Tenaglia, Case No. 2407012475 (hereinafter, “D.I. ____”). 2 D.I. 35. 3 D.I. 36. 4 D.I. 35. 5 Id. 6 Id; see also D.I. 39, Sentencing Transcript, dated September 9, 2025, at 13 (hereinafter, “D.I. 39 at __”), where the State notes that the victim “was walking on the side of the road, had nothing to do with whatever interaction occurred over at the smoke shop . . .” Id. 7 D.I. 35. 2 The victim was identified as Michael D’Aloise, who ultimately passed away as a result of the injuries he sustained from being struck by the vehicle.8 An investigation ensued which identified the vehicle as belonging to Tenaglia.9 The car was located by officers on July 10, 2024, in Claymont, Delaware.10 Tenaglia was brought in by police for an interview where he confirmed his involvement in the incident but explained that he “didn’t mean to hit him…I was just trying to scare him.”11 On July 29, 2024, a Superior Court Grand Jury indicted Tenaglia for (i) Murder First Degree, (ii) Possession of a Deadly Weapon During the Commission of a Felony (“PDWDCF”), (iii) Leaving the Scene of a Collision Resulting in Death, and (iv) Failure to Report a Collision Resulting in Injury or Death.12 The same day, this Court issued a Rule 9 Warrant,13 and Defendant was subsequently arrested. According to Trial Counsel’s Affidavit, he “met numerous times with Mr. Tenaglia in person at the jail and over videophone,” during the pendency of the action.14 Trial Counsel states that these meetings consisted of discussions of the 8 Id. 9 Id. 10 Id. 11 Id. 12 D.I. 1. 13 D.I. 3. 14 D.I. 35. Trial Counsel indicates that he met with