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Suit alleges Atlantic City mayor made threats, officer failed to act

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Atlantic City's mayor threatened a longtime political foe while a city officer failed to do anything, according to a lawsuit filed Wednesday.

The lawsuit stems from a May 2 altercation when Craig Callaway confronted Mayor Marty Small as he was campaigning

A recording of the incident previously published on BreakingAC showed only a portion of what happened, the suit says. In that recording, Small is seen slapping a camera out of the hand of Deon Garland, who is an organizer for Democratic rival Tom Foley.

But new video released with the lawsuit shows what Garland captured that day, including alleged threats the mayor made to Callaway.

It ends with Small walking away.

"I'm going to whoop your f------ a--, b----," is then heard.

That is the mayor threatening Callaway, the suit claims.

The video released ends there. But the suit claims that Callaway told Atlantic City Police Officer Kevin Francis, “He threatened me,” referring to Small.

"I know," Francis allegedly replied.

Callaway claims Francis should have charged the mayor with terroristic threats.

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"Marty Small is not above the law and must be held accountable for his alleged wrongdoing on May 2,” Callaway's attorney Terrell Ratliff said. “As troubled as the people of Atlantic City should be about their mayor’s alleged actions on May 2, even more troubling is Officer Francis’ alleged selective enforcement of the law by refusing to intervene in an altercation where the politician he was protecting was allegedly threatening the life of an Atlantic City citizen.”

The suit filed in federal court also names interim Officer in Charge James Sarkos, saying he was negligent by breaching his duty to ensure his officers enforce the law uniformly and constitutionally.

The lawsuit alleges the City of Atlantic City has an unconstitutional policy of instructing its police officers not to intervene when a public official violates the law in front of them, and that the city failed to adequately and sufficiently train and supervise its police officers so that they would hold public officials liable for criminal misconduct.

“This lawsuit is about more than just Atlantic City’s mayor allegedly threatening the safety of an Atlantic City citizen,” said Rook Ringer, another lawyer representing Callaway. “It is about Atlantic City’s police officers treating everyone they interact with equally, no matter what positions of power some of those people may hold.”

Small already has a defamation suit against Callaway, for comments made pertaining to the case of admitted child pornographer Ka'yan Frazier.

Callaway claimed on two radio shows that the mayor knew Frazier -- who is his wife's cousin -- was preying on children. The Smalls have denied the allegations.

The mother of the victim then filed suit against the Smalls, the Board of Education and others claiming they allowed the abuse and even that her child was molested at least once inside the Smalls' bathroom.

In response to that, Small's attorney, Ed Jacobs, warned that those who would lie about the mayor will face the consequences.

Neither Small nor Sarkos responded to requests seeking comment.

The newly released video starts out with Callaway calling Small a "child molester protector."

"I want to say something, but you're recording," Small says. "You and the (expletive) crackhead."
Garland later said that comment was aimed at him.

"You can say whatever you want," Callaway says. "You're a child molester protector."

"You're a rat," Small can be heard saying.

Callaway then walks toward him: "I'll take being a rat any day over someone who would protect a child molester."
The two men then stand face-to-face exchanging more words.

"You're not about that life," Small tells him, as a woman tries to usher the mayor away. "I'm gonna get somebody who's about that life and we'll see what you do."

The two men then exchange more words, and at one point Small knocks the phone out of Garland's hand.
Garland filed a charge of assault and property damage against Small as a result. A hearing is set for June 14.


author

Lynda Cohen

BreakingAC founder who previously worked in newspapers for more than two decades. She is an NJPA award-winner and was a Stories of Atlantic City fellow.

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