Francis “Frank” DeFazio, a retired JCPD officer who primarily served in the Emergency Service Unit (ESU), claims Sgt. Clyde Banks and Sgt. Thomas Johnston were ringleaders of a “Three Percenter” splinter group within Jersey City ESU in a lawsuit likely headed to trial.

In a lawsuit destined for trial, retired Jersey City Emergency Service Unit (ESU) officer Francis “Frank” DeFazio claims Sergeants Clyde Banks and Thomas Johnston were ringleaders of a “three percenter” movement within ESU that discriminated against older members, divided the different shifts, and violated Jersey City Police Department (JCPD) rules and regulations.

(NOTE: Pictures used in this article were received anonymously via mail.)

BACKGROUND AND DEFENDANTS

The suit states DeFazio was sworn into the JCPD around March of 1988, and was a member of ESU for the last fourteen years of his career. ESU is defined in the suit as a quasi-military type unit within the JCPD that responds to potentially explosive situations that endanger the lives of the public and fellow police officers.

Defendants Clyde Banks and Thomas Johnston, both sergeants, were assigned to ESU, while defendant Eric Tavarez is identified as a police officer within the JCPD, during the timeline of the complaint.

The suit against the City of Jersey City and JCPD also names ex-Chiefs Thomas Comey and Robert “Bubba” Cowan, Public Safety Director James Shea, retired Deputy Chiefs Hugh Donaghue and Peter Nalbach, and Cowan’s brother, Thomas Cowan – Captain of ESU at the time – as defendants.

Louis Serinades, retired ex-Commander of the Internal Affairs Unit (IAU), is also named as a defendant, as well as George Rotondo, who is identified as a sergeant assigned to the IAU.

Also mentioned as defendants in the lawsuit are “John Does 1-10.”

BANKS GOES FROM POLICE ACADEMY TO ESU, ALLEGEDLY STARTS THREE PERCENTER MOVEMENT

According to the lawsuit, Banks was transferred around September 2009 to the ESU day shift – from his previous assignment of twelve years at the police academy – and immediately began causing friction within the unit.

DeFazio claims Banks promoted and encouraged a superior mentality and/or attitude among some members of the unit who were in agreement with his proposals, while criticizaing those in the unit who disagreed – allegedly referring to them as “whiners,” “cry-babies,” and “waiting to die crew.”

The suit states Banks began approaching certain officers from the various shifts in ESU to offer them a “three percenter” patch on their JCPD uniform. Supposedly, according to DeFazio, Banks touted that the patch was worn during the Revolutionary War by the “three percent of colonists who fought against the British Crown” – supposedly without any credible proof.

DeFazio claims that Banks aggressively promoted a “superior/inferior mentality” that caused animosity and resentment between the midnight tour, which Banks supposedly had been assigned to, and the other two shifts.

Specifically, DeFazio claims Banks’ effort to create a physical performance test was an attempt to intimidate the older veteran officers so they would leave ESU.

THREE PERCENTER 2011 CHRISTMAS PARTY AND MIDNIGHT TOUR SEPARATION

According to the lawsuit, Banks allegedly sponsored an ESU Christmas Party around December 7, 2011 at a local establishment but failed to invite all members of the unit – only his supposed three percenter clique.

DeFazio claims, according to some of those present at the party, Banks allegedly stated “I only invited a select few… 90% of the tour are do nothings… If you are a lounge lizard, cry baby, or whiner, I don’t want you here, you are not welcome.”

Supposedly another officer, who was not identified, added that “I could care less if the entire day tour got killed.”

Following the supposed Christmas Party, DeFazio claims the midnight tour began distancing themselves from the other shifts – wearing “three percenter,” “Punisher skull,” and “come get some” patches on the exterior of their uniforms. In addition, the crew allegedly altered the ESU arm patch to reflect three percent affiliation.

DeFazio goes on to state that the midnight tour engaged in “unusual and excessive amounts of training” with non-ESU personnel at Fort Dix Military Base. The training allegedly included their own personal M-4 assault rifles with departmental ammunition, which is in violation of JCPD regulations according to the lawsuit.

The suit goes on to detail an alleged confrontation between Banks, Johnston, and fellow ESU Sgt. Richard DeStefano, in the presence of other ESU officers, about the training methods and performance standards of Banks and Johnston. DeFazio and others supposedly stated that their tactics were “reckless and dangerous,” which in turn started a pattern of retaliation against DeFazio.

RETALIATION AGAINST DeFAZIO FROM THREE PERCENTERS

According to DeFazio, shortly after his confrontation with Banks and Johnston, Johnston, DeFazio’s immediate day tour supervisor, accused him of “theft of a part from a departmental weapon.” Other members of the alleged three percenter clique openly referred to him as “the enemy,” DeFazio claims.

DeFazio states that on February 3, 2012, in the vicinity of Capt. Thomas Cowan, he confronted Johnston regarding the theft accusations. The confrontation allegedly sparked a verbal tirade from Johnston, including a possible physical assault if not for Cowan supposedly intervening.

On February 14, DeFazio claims to have filed two Hostile Work Environment complaints against Banks and Johnston, and handed them to DeStefano.

Within the detailed complaint – which included the 3% patch, superior/inferior mentality, and age discrimination allegations – DeFazio stated that he believed their actions were not “anti-government in nature,” including the acquisition and altering of JCPD departmental weapons.

INTERNAL AFFAIRS INTERVIEW AND CONTINUED HARASSMENT

According to the suit, DeFazio voiced his concerns with IAU investigators when interviewed about his complaints. He claims Deputy Chief Hugh Donaghue originally asked if it could be handled informally by Cowan, the commander of ESU, but that he declined and asked for formal charges to be filed.

Donaghue allegedly stated, in the presence of Cowan, that no retaliation would be tolerated.

Upon information received and belief, according to the lawsuit, Donaghue contacted Cowan on February 16 to curb the behavior of Banks and Johnston to no avail.

On March 1, 2012, DeFazio claims to have been interviewed by Sgt. Rotondo and Capt. Serinades of IAU. During the interview, DeFazio retracted his original statement regarding the activity being not “anti-government,” based on the totality of their behavior, and claimed:

Officers were wearing a Punisher skull on their uniform and carrying excessive amounts of ammunition strapped across their chest like “militiamen.”

Banks supposedly refitted and altered AR-15 assault rifles for himself and Johnston, allegedly in violation of JCPD policy, as well as State and Federal laws, rules, and regulations.

DeFazio states the he personally observed Banks remove what appeared to be an AR-15, but later identified as an M-16 automatic assault rifle. The M-16 was supposedly removed from the armory without authorization, and that Banks altered the weapon with his own personal parts, allegedly in violation of JCPD policy.

According to the suit, the M-16 in fully automatic mode can cycle between 700 to 950 rounds per minute. The suit claims the M-16 has 10 times the rate of fire power as the AR-15, and is not designed or intended for use in the densely populated areas of Jersey City.

DeFazio also mentioned to IAU that the Anti-Defamation League identified slogans used by three percenters that were posted around ESU facilities.

The alleged harassment, including Banks supposedly touting his ability to “live rent free inside [DeFazio’s] head,” led DeFazio to lose over 20 lbs. within a month. DeFazio also began parking away from ESU quarters to locations within sight of city surveillance cameras, according to details from the suit.

The lawsuit also states that DeFazio received unfair treatment from the city since he had to continue to work under the supervision of Banks and/or Johnston, but that an officer in the East District with a similar complaint forced a captain to not go to the precinct while they were working, and that IAU was not addressing his complaint with due diligence.

Additionally, details from the suit allege Banks told DeStefano on March 10, 2012 that DeFazio was spreading a rumor that the midnight tour was dealing steroids out of ESU, escalating the hostile work environment.

On March 16, DeFazio was supposedly informed, by his union lawyer, that Chief Comey had agreed to transfer Johnston off the ESU day tour, and Banks would no longer be allowed to remain in quarters hours after his shift.

CHIEF COMEY INVOLVEMENT, FULOP ELECTED, AND FURTHER RETALIATION

According to the lawsuit, on March 30, 2012, Comey called all ESU units to quarters, and supposedly “admonished” the day tour to “stop airing out your dirty laundry in IAU and City Hall.” DeFazio alleges Comey stated “some guys are not going to like how this is going to turn out,” supposedly referring to him.

DeFazio alleges that Comey sided with Tavarez, Johnston, and Banks as the retaliation against him ensued – including Banks charging him with “neglect of duty” for working on his computer wearing an ESU tee shirt.

On May 30, 2012, after supposedly providing the City’s EEOC (Equal Employment Opportunity Commission) with personal notes about a week earlier, in hopes they would move their investigation along, DeFazio claims the Chief’s office anonymously received the notes. Comey allegedly ordered DeFazio respond to IAU, where Serinades relieved him of his duty and weapon to “protect other members of the ESU and the citizens of Jersey City.”

The reason for the action was because DeFazio stated in his personal notes that he removed the safety strap from his holster before entering ESU quarters out of fear of possible retaliation. DeFazio claims in the suit to have removed the strap after being warned by ESU Sgt. Glenn regarding another officer being “very angry” over alleged transfers due to his complaints – which supposedly never ended up happening.

The allegedly “very angry” officer, identified as Officer Antman, was accused of ganging up with two other officers, which included Tavarez, on Officer Peterson for associating with DeFazio and his parter, Officer Forlano. Peterson was allegedly asked “why are you talking with the enemy?” and “you are either with us or against us,” “you have to make a choice.”

The suit states DeFazio would later be reinstated into ESU after passing a fitness for duty examination in early June 2012.

Nearly a year later, around the time Fulop was elected mayor, DeFazio claims to have learned Tavarez had supposedly spoke openly about sitting down with Fulop and holding him “accountable for the reports submitted to IAU,” and have him transferred out of ESU.

DeFazio claims Banks, Cowan, and Tavarez were “involved in some capacity” with Fulop’s campaign.

ELEC reports show that Banks donated $1,600.00 to Fulop’s 2013 campaign, while Cowan had donated $500 in 2007 to Fulop’s 2009 Ward E re-election. There were no records of Tavarez donating to Fulop.

DeFazio goes on to state that the administration had taken action against him, causing him undue stress, and it’s his belief that Banks and Johnston were responsible.

Details from the suit state that DeFazio was transferred out of ESU to the West District in November of 2013 after Cowan had been named in the initial complaint filed.

DeFAZIO LAWYER SPEAKS ON CASE, NO RESPONSE FROM FULOP ADMINISTRATION

“We’re looking forward to bringing our case to a jury,” said Theodore Campbell, the attorney representing DeFazio.

Campbell indicated that Banks and Johnston, as well as other ESU officers, were disciplined by IAU for conduct unbecoming of a police officer related to the three percenter movement.

According to an April 2013 Jersey Journal article, then-Deputy Chief Peter Nalbach said there were officers who were disciplined regarding the three percenter matter.

It’s not clear whether the officers were disciplined for the alleged removal and altering of JCPD weapons.

Jersey City Spokesperson Jennifer Morrill did not return an email seeking comment regarding information documented in this article.

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