Essex County Man Was Racially Profiled During Arrest: Advocates

NEWARK, NJ — Advocates are alleging that an Essex County man was “racially profiled” by police during an arrest in Newark last year, and are pushing for his release from prison. Prosecutors have disputed the claim, however, saying there is no evidence of the accusation.

Over the past year, supporters have been rallying in the name of four brothers accused of assaulting a police officer.

Branden K. Rodwell, 31, of Newark, Justin Rodwell, 30, of Irvington, Jaykil A. Rodwell, 28, and Jasper D. Spivey, 24, both of Newark, were arrested in June during a controversial incident on Fabyan Place and Cypress Street. Read More: 'Mob Assault' Or 'False Narrative?' 4 Arrested In Newark

Police have claimed that the officers were "attacked" while trying to stop a man suspected of gun possession. But supporters of the brothers say that they were victims of police harassment.

While three of them have since been released, one brother, Justin Rodwell, is still in custody. Now, protesters want him freed. Read More: Protest Held For Rodwell/Spivey Brothers In Newark

Rodwell is scheduled to appear in court on Monday afternoon.

The local chapter of the NAACP in Newark released a statement about the case last week, saying that a thorough investigation and fair trial are needed. The group alleged:

“According to Mr. Rodwell’s attorney, Ms. Cynthia Hardaway, Esq., she maintains ‘that based on the video footage published by law enforcement and the corresponding police report, it appears that Justin was racially profiled and was unfairly subjected to unlawful and unwarranted aggression by the investigative officers who were wearing plain clothes, driving in an unmarked vehicle and did not identify themselves as police prior to accosting Mr. Rodwell.’”

“It is our position that Mr. Rodwell’s June 1, 2021 arrest be fully investigated by the Essex County Prosecutor’s Office and closely examined by our county judiciary, regarding his family’s claim of excessive use of force that resulted in an unlawful arrest,” said Rick Robinson, who serves as the chair of the New Jersey State Conference NAACP Criminal Justice Committee.

NAACP Newark NJ President Deborah Smith Gregory said that Rodwell has been held at the Essex County Correctional Facility on third and fourth-degree charges since June 2021, and has not had a trial or granted bail.

“Why has he been sitting in jail during this deadly pandemic rather than being released under his own recognizance until his trial?” Gregory asked.

The Newark-based People’s Organization for Progress has also been supporting the Rodwell/Spivey brothers and demanding that Justin Rodwell be released.

A spokeswoman for the Essex County Prosecutor’s Office gave Patch the following reply on Monday when reached for comment about the Rodwell case:

“The case is moving through the system in the normal course. At this juncture there is no evidence to support the claim that this defendant was the target of racial profiling. We advocated for detention of this defendant based on the facts of the case. A Superior Court judge accepted our argument. The Appellate Division affirmed the judge's ruling. This defendant was indicted by a grand jury and we are ready to go to trial. However, the trial has been delayed because the defense has filed a motion to suppress evidence. We expect the defendant will remain in custody until trial unless a judge rules otherwise.”

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