Undercover Branch Brook Park Patrols Cancelled After Shooting of Bank CEO
Gaymon courtesy Atlanta Federal Credit UnionDeFarra GaymonNEWARK — Authorities have suspended an undercover patrol designed to crackdown on gay men who use a county park for sexual activity after the shooting death of an Atlanta man by an officer, Essex County Sheriff Armando Fontoura said Friday.Citing a need to "make some adjustments," Fontoura said that in addition to temporarily postponing the operation, he is working with local gay rights activists to see if both sides can develop a plan to bring an end to lewd behavior in the parks.
"We’ve temporarily suspended the undercover operation there, but we're increasing uniformed patrol at Branch Brook," he said. "It's on hold for now. We're looking to tweak it and make some adjustments."
Fontoura declined to specify any specific changes regarding the operation — which cracks down on public lewdness and sexual activity at Newark's Branch Brook Park and South Mountain Reservation — but said, "there will be a full review."
The sheriff’s action comes two weeks after the July 16 death of DeFarra Gaymon, 48, who authorities said was shot by an undercover officer after soliciting sex. Gaymon, the CEO of an Atlanta credit union, sought sex from the male undercover detective before lunging at the officer when he showed his badge, according to the officer’s statement to authorities. The Essex County Prosecutor’s Office is still investigating the shooting, and no charges have been filed.
The detective was a part of the five-year undercover operation, which Fontoura said came out of numerous complaints from park goers about the green spaces becoming pickup spots for gay men.
Garden State Equality, the state’s leading gay rights advocacy group, has now asked for documents related to previous lewdness arrests made at Branch Brook Park since 2005, saying any operation "targeting gay men or LGBT people specifically, or anyone perceived as such, is unconscionable — and as we strongly believe, illegal."
Legal experts said though police cannot go after a specific group on the basis of gender or sexual orientation, neither can a defendant use that as a shield against committing a crime.
Joel Caplan, a Rutgers Law School professor, said both sides have legitimate concerns.
"If a police department has jurisdiction in a particular area, it has a right to enforce the law," he said. "If a bunch of young kids are playing loud music at night, police aren’t targeting the juveniles, they’re targeting the activity. But it also raises the question, why (is the sheriff) choosing to enforce that and not something else?"
Gaymon’s family said the former Montclair resident would never have acted violently, and believes the detective lied to protect himself. They have requested the FBI investigate the killing. On Wednesday, state Attorney General Paula Dow said her office would not open a separate investigation, after the American Civil Liberties Union called for one.
Critics of the park detail say it shifts precious resources from more pressing public safety concerns in and around Newark, though Fontoura maintains it is vital to keeping the park safe. He added that his officers on those assignments also make drug and prostitution arrests at the two spots.
"If we see illegal activity going on, we’re duty-bound to respond," Fontoura said. He supports the detective — whom The Star-Ledger has identified as 29-year-old Edward Esposito — calling him "as honest as can be," and adding he was "trained to do his job, and trained in the use of force."
Garden State Equality chairman Steven Goldstein said he wanted to make sure men weren’t the only ones being arrested in these busts.
Last week, he met with Fontoura, who showed a dozen instances where officers made arrests at the two parks for drugs, along with a few occasions where females solicited male officers for sex.
Fontoura said he plans to meet with Goldstein and Newark’s gay rights advisory committee on Tuesday to "see if we can come up with a solution to stop this kind of activity." One solution, he said, could be to have gay rights activists ride along with officers.
"Our parks have to be places that everyone can enjoy," he added.Rubin Sinins, a criminal defense attorney in Newark, said the sheriff’s office appears to be on firm legal ground, at least on one aspect of the issue. "It’s extraordinarily hard to prove selective enforcement, and that doesn’t necessarily amount to a defense to criminal conduct. Just because you belong to a protected class doesn’t mean you can violate the law with impunity," he said. The bigger legal question, he added is whether the officer had probable cause to shoot Gaymon."
The detective was a part of the five-year undercover operation, which Fontoura said came out of numerous complaints from park goers about the green spaces becoming pickup spots for gay men.
Garden State Equality, the state’s leading gay rights advocacy group, has now asked for documents related to previous lewdness arrests made at Branch Brook Park since 2005, saying any operation "targeting gay men or LGBT people specifically, or anyone perceived as such, is unconscionable — and as we strongly believe, illegal."
Legal experts said though police cannot go after a specific group on the basis of gender or sexual orientation, neither can a defendant use that as a shield against committing a crime.
Joel Caplan, a Rutgers Law School professor, said both sides have legitimate concerns.
"If a police department has jurisdiction in a particular area, it has a right to enforce the law," he said. "If a bunch of young kids are playing loud music at night, police aren’t targeting the juveniles, they’re targeting the activity. But it also raises the question, why (is the sheriff) choosing to enforce that and not something else?"
Gaymon’s family said the former Montclair resident would never have acted violently, and believes the detective lied to protect himself. They have requested the FBI investigate the killing. On Wednesday, state Attorney General Paula Dow said her office would not open a separate investigation, after the American Civil Liberties Union called for one.
Critics of the park detail say it shifts precious resources from more pressing public safety concerns in and around Newark, though Fontoura maintains it is vital to keeping the park safe. He added that his officers on those assignments also make drug and prostitution arrests at the two spots.
"If we see illegal activity going on, we’re duty-bound to respond," Fontoura said. He supports the detective — whom The Star-Ledger has identified as 29-year-old Edward Esposito — calling him "as honest as can be," and adding he was "trained to do his job, and trained in the use of force."
Garden State Equality chairman Steven Goldstein said he wanted to make sure men weren’t the only ones being arrested in these busts.
Last week, he met with Fontoura, who showed a dozen instances where officers made arrests at the two parks for drugs, along with a few occasions where females solicited male officers for sex.
Fontoura said he plans to meet with Goldstein and Newark’s gay rights advisory committee on Tuesday to "see if we can come up with a solution to stop this kind of activity." One solution, he said, could be to have gay rights activists ride along with officers.
"Our parks have to be places that everyone can enjoy," he added.Rubin Sinins, a criminal defense attorney in Newark, said the sheriff’s office appears to be on firm legal ground, at least on one aspect of the issue. "It’s extraordinarily hard to prove selective enforcement, and that doesn’t necessarily amount to a defense to criminal conduct. Just because you belong to a protected class doesn’t mean you can violate the law with impunity," he said. The bigger legal question, he added is whether the officer had probable cause to shoot Gaymon."
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