Commission rules on fate of prison officer who stood by at mock murder of George Floyd

TRENTON - The state Civil Service Commission has upheld the firing of a corrections officer who stood by as counter-protesters mocked the death of George Floyd during a Black Lives Matter march in Franklinville.

Joseph DeMarco, an 18-year veteran at Bayside State Prison in Leesburg, contended he was merely present when his brother and a nephew reenacted Floyd's death as marchers passed a wood lot on Delsea Drive on June 8, 2020.

But the commission upheld the decision of an administrative law judge, who cited DeMarco's failure to intervene during the mock murder, to de-escalate a potentially dangerous situation, or to remove himself from the scene.

The ruling from Administrative Law Judge Susan Olgiati disputed DeMarco's credibility in recounting a confrontation that drew widespread notoriety in the media and on the Internet.

Sentencing awaits Neal J. Armstrong: Cumberland County Jail officer threatened woman over their secret relationship, jury says

DeMarco testified, for instance, that he reacted to the mock murder with "shock" and "embarrassment."

But the judge noted the officer's remarks on a video — "You're not going to kneel on his neck are you? Oh my God." — were spoken in a "casual, conversational tone without any audible indication of shock or surprise."

What happened at BLM protest in Franklinville?

She also observed the officer then returned to filming the passing march with his phone.

That was "inconsistent with any genuine experience or expression of shock, surprise or disapproval," her June 5 ruling said.

The Department of Corrections brought disciplinary charges against DeMarco 12 days after the incident, accusing the senior correctional police officer of violating its policy against discrimination and other regulations.

The DOC at that time said DeMarco's actions "were reckless and inflammatory and show a profound disregard for consideration of public order and safety, including the safety of police officers present and on duty at the passing demonstration."

Olgiati's ruling noted the agency was "bombarded" with complaints from the public and DOC staff that a corrections officer was involved in the incident.

Second prison officer sought to conceal himself during angry encounter

Her decision said DeMarco, a Franklinville resident, had acknowledged local residents knew he was a law enforcement officer and that township police accompanying the protest could have known his occupation as he stood in the midst of shouting hecklers.

In contrast, another correctional officer invited to the wood lot by DeMarco "did what he could" to remove himself from the re-enactment scene, the ruling noted.

It said Leonard Smith stood behind a woodpile until angry exchanges had ended and the crowd had cleared. Smith then drove away on his motorcycle.

A witness for the DOC, Major Brian LaBonne, testified DeMarco's removal would be appropriate "given the overall seriousness of the incident and the national attention it garnered."

He also said Bayside's other officers and its largely Black inmate population "might also have concerns about DeMarco's ability to perform his duties."

Olgiati acknowledged DeMarco did not heckle marchers or take part in the mock murder.

But the judge pointed out he did nothing "to stop or de-escalate the offensive, inflammatory, derogatory and racially insensitive actions and comments of his brother …or others at the wood yard."

She said DeMarco's "continued presence at the scene and his continued act of recording the march was inappropriate and brought discredit to himself and to the DOC."

The commission acted at its July 19 meeting, but the decision was only posted to its website on Sept. 20.

DeMarco can appeal the commission's decision in state court.Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal. Email: Jwalsh@cpsj.com.

This article originally appeared on Cherry Hill Courier-Post: Joseph DeMarco was present at mock murder of George Floyd in Franklin