Rockaway café owner accused of affair with underage waitress takes plea deal
The owner of a once-popular Rockaway Borough restaurant accused of having a sexual relationship with an underage waitress could serve little if any time in jail provided he has no contact with the victim, prosecutors recommended in a plea deal Wednesday.
Robert Grow, 62, pleaded guilty to fourth-degree criminal sexual contact, amended from a second-degree crime for sexual assault that carried a maximum penalty of 10 years in state prison. Grow, who owned Potbelly's Riverside Café, will likely serve a term of probation with the deal allowing prosecutors to argue for an additional up to 90 days in Morris County jail.
Defense attorney Matthew Troiano under the terms of the agreement can ask the judge for no jail, less jail and/or jail time to be served on weekends.
Authorities arrested Grow in March 2021 after he was accused of engaging in multiple sexual encounters with the 17-year-old from December 2018, two months after her hire, through March 2019, both at the café and in his car. Troiano, however, said on Wednesday their relationship lasted for about a year.
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Grow, who wore a suit jacket and tie and appeared from Troiano's office during the virtual state Superior Court hearing, admitted to having a sexual relationship with the girl but said at the time he was unaware that it was illegal.
"You understand now that because you were her boss and because she was 17 years old, that you were prohibited by law from engaging in that relationship, is that correct?" Troiano questioned Grow, who responded, "Yes."
Grow acknowledged that despite having a "misunderstanding or ignorance of the law," he was not absolved of the crime.
A month after his arrest, Grow was offered a plea deal for three years in state prison on a third-degree endangering charge, but Troiano objected, telling prosecutors it was his client's first offense and that prison was not mandated under state law.
Grow was accused of providing the teen with alcohol during their encounters and when she tried to stop the sexual relationship, he would tell her she couldn't leave him that it was "part of her job," court records show.
Evidence in the case included a video of illicit sexual acts between Grow and the teen, authorities said. The girl allegedly sent the video to a confidential witness, who later went to police, records show.
Grow, who was abusive and controlling, told the teen if she told anyone about the affair, it would "disgrace and humiliate her as much as him," according to a lawsuit she filed in May 2020. The lawsuit was active but temporarily suspended awaiting the disposition of the criminal case.
Troiano said he will seek to have Grow's admission of guilt not be used against him in the civil lawsuit.
As part of the plea, Grow must also register as a Megan's Law offender and pay $1,161 to the Victims of Crime Compensation Office, an organization within the New Jersey Department of Law and Public Safety that compensates victims of violent crimes for expenses they accrue. Grow is to have no contact with the victim, although there is a likelihood they may be in close proximity on a daily basis due to where he lives and a location nearby that she frequents, Troiano said.
Located on the edge of a popular fishing spot on the Rockaway River, Potbelly's was known for stocking the river with trout each year and hosting a season-long contest, offering to cook the biggest fish caught into a dinner for four. The eatery was featured in early 2020 in a scene of the ABC thriller "Emergence," but has since closed due to the pandemic.
Grow's sentencing is expected to take place in May.
Lori Comstock can be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.
This article originally appeared on Morristown Daily Record: Rockaway Potbelly Riverside Cafe owner takes plea deal in Morris court
