Szczerba, a sergeant at the time of his death, was posthumously promoted to the rank of lieutenant.
"Yesterday the New Castle County Grand Jury returned a 24-count indictment charging David Salasky with 1st Degree Murder and other offenses for the September 16, 2011 death of New Castle County Police Lieutenant Joseph Szczerba," Biden said in a statement.
"My office is conducting its review of this case under our established death penalty review procedures. While that review is ongoing we are treating this as a death penalty case for procedural purposes," said Biden.
Prosecutors say on September 16, 2011, after responding to a report of a theft from a motor vehicle in New Castle, Szczerba observed and approached David Salasky, a subject who matched the suspect description. A foot pursuit ensued and resulted in a struggle, during which Szczerba was fatally stabbed.
Prosecutors say after the stabbing, Salasky continued to actively resist by fighting other officers, two of whom sustained injuries. The indictment includes charges relating to those officers' injuries as well. Salasky was eventually subdued and handcuffed.
FULL LIST OF CHARGES:
1. Murder 1st degree for the intentional murder of Lt. Szczerba
2. Possession of a deadly weapon during the commission of a felony related to the intentional murder of Lt. Szczerba
3. Murder 1st degree for the felony murder of Lt. Szczerba, related to the flight after committing attempted robbery 1st degree and/or burglary 3rd degree
4. Possession of a deadly weapon during the commission of a felony related to the felony murder
5. Murder 1st Degree for the reckless murder of Lt. Szczerba, a police officer in the lawful performance of his duties
6. Possession of a deadly weapon during the commission of a felony related to the reckless murder charge
7. Possession of a deadly weapon by a person prohibited related to the murder charges
8. Resisting arrest related to the attack on Lt. Szczerba
9. Possession of a deadly weapon during the commission of a felony related to the resisting arrest
10. Assault 2nd degree related to kicking a New Castle County police officer in the chest
11. Assault 2nd degree related to kicking a New Castle County police officer in the legs
12. Attempted robbery 1st degree for the crime against a victim on Finney Drive
13. Assault 2nd degree for the cut to the arm of the victim on Finney Drive
14. Possession of a deadly weapon during the commission of a felony related to the attempted robbery 1st degree
15. Possession of a deadly weapon by a person prohibited related to the attempted robbery 1st degree
16. Burglary 3rd degree for a vehicle at E. Van Buren Avenue
17. Theft under $1,500 for the knife stolen from the vehicle at E. Van Buren Avenue
18. Burglary 3rd degree for a vehicle at Tatlow Drive
19. Theft under $1,500 for the Bluetooth device stolen from the vehicle at Tatlow Drive
20. Burglary 3rd degree for a second vehicle at Tatlow Drive
21. Theft under $1,500 for the cash taken from the second vehicle at Tatlow Drive
22. Criminal mischief under $1,500 for the slashed tire of the second vehicle at Tatlow Drive
23. Burglary 3rd degree for a vehicle at Morrison Avenue
24. Theft under $1,500 for the cologne and CDs taken from the vehicle at Morrison Avenue
