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No Charges for Officer Who Fatally Shot DeFarra Gaymon in Nwk Park

A New Jersey grand jury will not indict the Essex County Sheriff's Police officer who fatally shot an unarmed Atlanta banking executive last July in a park.

DeFarra Gaymon was killed by the undercover officer during a crackdown on public sex in Newark's Branch Brook Park. The grand jury heard only the officer's account and there were no witnesses, reports the New York Times.

"We made an effort to find out if there was anyone who saw the events in the park," said Katherine Carter, a spokeswoman for the prosecutor’s office. "No witnesses ever came forward to say they saw all, or a portion, of the encounter."

Ms. Carter declined to comment on what evidence was presented to the grand jury, which decided on Friday not to indict the officer. The acting Essex County prosecutor, Carolyn A. Murray, told the Gaymon family late Monday, Ms. Carter said. [...]

Officer Esposito has said he was bending down to pick up his handcuffs when he was approached by Mr. Gaymon, who was “engaged in a sexual act,” the prosecutor’s office said. When Officer Esposito tried to arrest him, “Mr. Gaymon appeared to panic, assaulted the police officer and fled,” the prosecutor’s office said.

The officer cornered him near a pond. Mr. Gaymon threatened to kill the officer, "then lunged at and attempted to disarm the officer while reaching into his own pocket," the prosecutor’s office said the officer had reported. Officer Esposito, "fearing for his life," fired once.

The park is a longtime cruising spot for men seeking anonymous sex "and has been the site of many police sting operations."  An August 2010 report in the New York Times recounted Esposito's creepy devotion to undercover park detail. It also speculated on his and Gaymon's sexuality.

Officer Edward Esposito—the police officer who killed the unarmed man—may "have been involved in at least three 2009 public sex arrests that also turned violent," reported Gay City News in January 2011. Up to 16 arrests possibly made by Esposito follow a disturbingly similar pattern.

DeFarra Gaymon was married with four children. Gaymon's family has disputed the official version but has not commented on the sexual angle of the case. Family, friends and co-workers say the descriptions of Gaymon's alleged violent behavior are uncharacteristic and possibly even fabricated. The family is suing Officer Esposito and the sheriff’s office in State Superior Court in Essex County.

New Jersey Attorney General Paula Dow announced that she would not investigate the shooting. The family asked the FBI and the U.S. Attorney's Office in Newark to take over the investigation.

The Essex County Sheriff has suspended the five-year park sting operation at Newark's Branch Brook Park.

Read R20"s complete covereage HERE.

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REPORT: Officer in DeFarra Gaymon Shooting Has Violent History?

New developments in the case of Credit Union of Atlanta CEO DeFarra "Dean" Gaymon, fatally shot by an undercover Essex County Sheriff’s officer during a July 2010 crackdown on gay cruising in Newark.  Officer Edward Esposito—the police officer who killed the unarmed man—may "have been involved in at least three 2009 public sex arrests that also turned violent," reports Duncan Osborne at Gay City News.

[Essex County Sheriff’s Office] released records on 167 arrests or investigations, with 148 of those occurring in Branch Brook Park. Of the 148, 130 were arrests of men who may have been cruising for sex or, in some cases, were observed having sex with other men. While information that identifies the defendants or undercover officers was redacted, Esposito’s name was not blacked out in a July 22, 2009 record. In that case, Esposito arrested a 41-year-old man for criminal sexual contact, resisting arrest, and aggravated assault on a police officer in South Mountain Reservation.

According to the report, the man walked up to Esposito and "reached out with his right hand and pulled my penis through my pants while he stated ‘nice.’" This occurred without any conversation or prompting. The man pushed Esposito and fled when the detective identified himself, according to the official account. When caught, the man punched Esposito in the chest.

Up to 16 arrests possibly made by Esposito follow a disturbingly similar pattern.

On August 18, 2009, a 48-year-old man was charged with criminal sexual contact, resisting arrest, and aggravated assault on a police officer in South Mountain Reservation after he “began to rub his penis through his pants with his right hand while he sat on a log and groaned,” without prompting, in front of an undercover officer. At his arrest, that man allegedly fought with police and was sprayed in the eyes with pepper spray.

The following day, August 19, also in South Mountain Reservation, a 39-year-old man faced the same charges as well as obstruction after he “walked up from behind me and pinched my left buttocks and then reached around and grabbed my genitals and penis while he made a groaning sound,” the report said. No conversation preceded that action. He fled when the undercover announced himself and then allegedly fought with police. He was sprayed “in the face” with pepper spray.

The signatures in the three reports are only partially obscured and are similar to each other. Additionally, the signatures are similar to Esposito’s signature on the 2009 mortgage for his New Jersey home. Gay City News found another 16 reports from 2009 and 2010 that matched the July 22 report text and signature. Resisting arrest was charged in two of those cases, along with criminal sexual contact,

The report adds: "A persistent theme in the 130 reports is that plainclothes officers were walking through a park when a man, without any prompting, exposed himself or grabbed the officer’s crotch. Those reports do not include complaints from citizens claiming they encountered such unwanted attention.

On July 16, the Montclair, NJ native had driven to New Jersey from his suburban Atlanta home to attend his high school’s 30th reunion. Esposito claims Gaymon was masturbating in the park when he approached the detective. Officials said there was a chase and the officer fired one shot after the unarmed man "reached in his pocket and lunged" at the officer. There were no witnesses.

An August 2010 report in the New York Times recounted Esposito's creepy devotion to undercover park detail. It also speculated on his and Gaymon's sexuality.

DeFarra Gaymon was married with four children. Gaymon's family has disputed the official version but has not commented on the sexual angle of the case. New Jersey Attorney General Paula Dow announced that she will not investigate the shooting. The family has asked the FBI and the U.S. Attorney's Office in Newark to take over the investigation.

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Disturbing Questions Raised in NYT Piece on Defarra Gaymon Shooting

The New York Times publishes an expansive profile on the tragic case of Defarra "Dean" Gaymon, the Credit Union of Atlanta CEO who was fatally shot by an undercover Essex County Sheriff’s officer last month in Newark. The piece attempts to humanize Gaymon and Officer Edward Esposito—the police officer who killed the unarmed man—and is ultimately insensitive and raises several disturbing questions.

The newspaper speculates on the deceased's sexuality.

[Gaymon] traveled extensively for work, as far as Poland this year. He collected dolls from his travels and kept them in his office. And he continued to dress the part, now that he had it. “He was an impeccable dresser,” said Rick Hammond, his boss at the South Carolina State Credit Union for several years. In hindsight, and held up against stereotypes, recollections of Mr. Gaymon’s appearance have invariably led to speculation about whether he had a double life, or a hidden one. But friends and relatives who spoke about him were quick to reel off facts that they believed suggested otherwise: His marriage. His four children. At bars, he would comment on attractive women. "I raised that young man," George Gaymon said. "I know it’s not true.” But then he added: "Even if that was the case, is that a reason to shoot to kill?"

Esposito has claimed Gaymon was masturbating in Newark's Branch Brook Park when he approached the detective. The Times describes the park as a "scene for gay cruising since the 1980s" and describes Esposito's creepy devotion to undercover park detail.

Officers are rotated in and out of the park, but a few regulars began to recognize one in particular: a man who just sat in his beige car, as if awaiting an invitation. One of those regulars, Jerome Goods, said the man arrested him one day in June, charging him with loitering for the purpose of prostitution. Mr. Goods said he wrote down the name of the officer: Esposito.

And this very interesting passage on Esposito's love of high school musical theater production.

[Esposito] was always handy, and good enough that he could make furniture. At Millburn High School, he ran the lighting programs for student plays and musicals like “The Sound of Music,” “Fiddler on the Roof” and “Arsenic and Old Lace.”“The stage consumed a lot of his time,” said James White, a shop teacher and technical stage director. “He was often at school until 9 at night and sometimes later.”

Esposito claims he fired one shot after the unarmed man "reached in his pocket and lunged" at the officer. There were no witnesses. Gaymon's family has disputed the official version and rejected the sexual angle of the case. New Jersey Attorney General Paula Dow announced that she will not investigate the shooting. The family has asked the FBI and the U.S. Attorney's Office in Newark to take over the investigation.

The Essex County Sheriff has suspended the five-year park sting operation at Newark's Branch Brook Park. The Times ends its piece by noting, "On recent visits to Branch Brook Park, only the odd jogger or stroller-pushing parent walked past the notorious woods. Officers in uniform parked and chatted on the side of the road. The shooting seems to have done what hundreds of arrests over the years never could: keep men looking for sex out of the park."

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Gay Sex Sting Suspended in Newark Park After Fatal Shooting

An update to the case of Credit Union of Atlanta CEO DeFarra Gaymon, fatally shot by an undercover Essex County Sheriff’s officer during a crackdown on gay cruising. The five-year park sting operation in Newark's Branch Brook Park was suspended over the weekend, Essex County Sheriff Armando Fontoura tells the Star-Ledger.

 "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 suspension of the park details comes as New Jersey LGBT groups demand an independent investigation into the Gaymon shooting and a "cease and desist" of sting operations "targeting gay men in Essex County."

Garden State Equality has 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." [...] Critics of the park detail say it shifts precious resources from more pressing public safety concerns in and around Newark...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.

On July 16, the Montclair, NJ native had driven to New Jersey from his suburban Atlanta home to attend his high school’s 30th reunion. Authorities claimed Gaymon was masturbating in the park when he approached the detective. Officials said there was a chase and the officer fired one shot after the unarmed man "reached in his pocket and lunged" at the officer. There were no witnesses.

DeFarra Gaymon was married with four children. Gaymon's family has disputed the official version but has not commented on the sexual angle of the case. New Jersey Attorney General Paula Dow announced that she will not investigate the shooting. The family has asked the FBI and the U.S. Attorney's Office in Newark to take over the investigation.

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NJ Atty Genl Will NOT Investigate DeFarra Gaymon Shooting

An unfortunate and not very surprising update to the tragic case of DeFarra "Dean" Gaymon, the Credit Union of Atlanta CEO who was fatally shot by an undercover Essex County Sheriff’s officer in a Newark park. New Jersey Attorney General Paula Dow will not investigate the shooting, reports the Star Ledger.

"Last week, the American Civil Liberties Union of New Jersey formally requested Dow open an inquiry into the fatal shooting of DeFarra Gaymon, 48, during a confrontation with the officer in Newark’s Branch Brook Park. The detective was investigating complaints about people engaging in sexual acts in the park. After meeting with her top officials [Wednesday] afternoon, Dow concluded there was 'no indication of a conflict with the Essex County Prosecutor’s Office handling this case fairly and impartially,' said her spokesman, Paul Loriquet. 'That was never called into question.' Afterward, the attorney general called the Acting Essex County Prosecutor Robert Laurino to discuss the decision. The prosecutor’s office will present its investigation to a grand jury, which will take several weeks.

"ACLU-NJ executive director Deborah Jacobs called the decision not to investigate 'a huge missed opportunity. Every law enforcement official knows it’s essential to have an external review when the public fears a coverup,' she said. 'Whether the corruption is a perception or a reality, an external review is the way to address it.'"

Paula Dow was appointed New Jersey Attorney General by incoming Governor Chris Christie in February 2010. She is the first Black female attorney general in New Jersey's history. Dow's previous job before appointment: Essex County Prosecutor from 2003 to 2010.

DeFarra Gaymon was married with four children. On July 16, the banker had driven to New Jersey from his suburban Atlanta home to attend his high school’s 30th reunion, which he had planned. Authorities claimed Gaymon was masturbating in the park when he approached the detective. Officials said there was a chase and the officer fired one shot after the unarmed man "reached in his pocket and lunged" at the officer. There were no witnesses.

Gaymon's family has disputed the official version but has not commented on the sexual angle of the case. The family has asked the FBI and the U.S. Attorney's Office in Newark to take over the investigation.

Identity of Police Officer Who Shot DeFarra Gaymon Revealed

An update to the tragic case of DeFarra "Dean" Gaymon, the Credit Union of Atlanta CEO who was shot by an undercover Essex County Sheriff’s officer in a Newark park. The officer has been identified by name, reports The Star Ledger.

The detective is 29-year-old Edward Esposito, of Morris County, who in May was awarded a medal of merit—along with three other officers—for his part in trying to break up an attempted carjacking in November. He was also, at one point, the driver for Essex County Executive Joseph DiVincenzo, who attended the award ceremony.  Montclair.Patch.com first identified Esposito, whom authorities have so far refused to name, saying he works undercover. The website cited unnamed law enforcement sources in its report. The Star-Ledger also confirmed Eposito’s identity as the shooter from similar law enforcement officials... Esposito has been a sheriff's officer for eight years.

Esposito shot 48-year-old DeFarra Gaymon on July 16, at about 6 p.m. after approaching the undercover detective while masturbating and soliciting sex, authorities said. Esposito was patrolling the park with another officer as part of a sheriff's detail to curtail public sex in the park, sheriff's officials have said. Gaymon, who was unarmed, "appeared to panic" when Esposito showed his badge, authorities have said. Gaymon shoved the officer to the ground and threatened to kill him, according to Essex County Acting Prosecutor Robert Laurino, citing the officer's statement to investigators. Prosecutors have said that there were no witnesses to the shooting.

Gaymon was married with four children. The banker had driven to New Jersey from his suburban Atlanta home to attend his high school’s 30th reunion, which he had planned. The event was to take place later that evening.

Friends and family dispute the official version of the events in Newark's Branch Brook Park. "The statement is a blatant lie concocted after four days of unexplained silence,"  Gaymon's family said in a written statement to the Atlanta Journal Constitution.  The sister of the deceased, Kelly Gaymon Armstrong, adds: "I do not believe that story. Not one bit. That is not my brother's character."

The family has not commented on the sexual angle of the story.

The family has asked the FBI and the U.S. Attorney's Office in Newark to take over the investigation. On Thursday, the ACLU of New Jersey and Garden State Equality formally requested the state attorney general conduct an independent investigation into the shooting.

Esposito is now on medical leave following the incident and has not been disciplined by the Essex County Sheriff. There have been nine police-related shootings in Essex County so far this year. DeFarra Gaymon is the sixth person to die in an officer-involved shooting in Essex County in 2010. The case is expected to be referred to a grand jury but Esposito is not expected to be charged.