Freehold cop alleges
dept. discrimination
Esdaile claims
white officers were
punished differently
BY CLARE MARIE CELANO
Staff Writer

A Freehold Borough police officer has filed a notice of his intent to sue the department of which he has been a member for eight years. The verified complaint dated May 18 was sent to Police Chief Michael Beierschmitt by the N.J. Division on Civil Rights on behalf of police officer Darnell Esdaile, 38, of the borough.

Esdaile’s complaint alleges discriminatory practices by the police department which, if true, would be in violation of state law against discrimination. The complaint charges the police department with unlawful employment discrimination because of race. Esdaile is black, which the Division on Civil Rights considers to be a protected class.

Esdaile was arrested on March 25 at his home in connection with a domestic violence incident. He was charged with simple assault, criminal mischief and making terroristic threats to his wife. At that time, he was suspended from his position with the police department.

The case was transferred from Freehold Borough to Farmingdale. Esdaile appeared in Farmingdale municipal court on May 26 and pleaded not guilty to all three charges. He was found guilty of simple assault and fined a total of $455. He was found not guilty of criminal mischief. The charge of making a terroristic threat was replaced with a charge of communicating in an annoying manner, and Esdaile was found not guilty of that charge, according to Farmingdale court administrator Carol Ann Dice.

Freehold Borough Police Capt. Michael DiAiso told the News Transcript last week that Esdaile has not returned to duty.

The complaint filed by the Division on Civil Rights on behalf of Esdaile alleges that Esdaile "had his house keys and his gun taken from him after a request from his wife to leave the house." It also states the officer was required to submit to a "fit for duty" evaluation. Esdaile was suspended without pay and was given an "excessively high bail," according to the document. The bail, set at $15,000, was recommended by Lt. Mitch Roth at the time Esdaile was arrested.

According to the document, both Roth and Beierschmitt recom­mended that Esdaile be sent for evaluation to "safeguard himself and the department." The docu­ment also alleges that Esdaile’s "unemployment was being chal­lenged."

Nancy Forman, the borough’s chief financial officer, told the News Transcript that Esdaile’s re­quest for unemployment was never contested or challenged by the town.

The complaint alleges that Esdaile is being discriminated against because of his race and alleges that white co-workers who were involved in domestic com­plaints and second- and third-de­gree crimes were not subjected to psychological evaluations or sus­pension.

Esdaile is seeking compensatory damages for economic loss, humili­ation, mental pain and suffering.

DiAiso said the police depart­ment cannot comment on pending litigation. He said all information would have to come from Borough Attorney Kerry Higgins.

The complaint from the state re­quests a written explanation from the police department within 20 days. That time frame expired June 7. Higgins said she has re­ceived an extension until June 28 to return the written explanation to the Division on Civil Rights.