Eight of the 12 men arrested during a recent sting operation near Rehoboth Beach were given brief periods of probation, in return for an opportunity to have their criminal records expunged. But four defendants are headed for trials.
In July, Delaware police engaged in the undercover operation at a gay-male cruising area about 3 miles northwest of Rehoboth Beach.
The arrests occurred in a section of Cape Henlopen State Park known as Wolfe Neck, according to a statement issued by the Delaware Department of Natural Resources and Environmental Control (DNREC).
The men were charged with various offenses, including criminal solicitation, offensive touching, lewdness, indecent exposure and loitering to engage in or solicit sex.
John F. Brady, an attorney for two of the men, said his clients entered a deferred-adjudication program requiring them to plead guilty, serve a one-day probationary period, pay $125 in fines and costs and agree to stay away from Delaware state parks for six months.
In return, their criminal records are expected to be expunged, he said.
Sussex County Common Pleas Court Judge Kenneth S. Clark Jr. set one-day probationary periods for Brady’s clients, despite prosecutors’ request for six-month probationary periods, Brady said.
“My clients are pleased with the outcome,” Brady told PGN. “They learned an important lesson, and I don’t think either will get in trouble again.”
Although the men pleaded guilty, Clark deferred judgment until the cases are dismissed, thus a formal guilty verdict won’t be entered, Brady said.
“The program they’re in required a guilty plea,” Brady explained. “But Judge Clark didn’t accept the pleas, and indicated the cases would be dismissed in a timely manner.”
Probationary periods for six other Wolfe Neck defendants range from 30 days to six months, said Carl Kanefsky, a spokesperson for the Delaware Department of Justice.
Four defendants are scheduled for trials in the fall in Sussex County Common Pleas Court in Georgetown. A trial judge hasn’t been announced.
Kanefsy said prosecutors will consent to bench trials, rather than jury trials, if defendants request a bench trial.
Law-enforcement authorities said the “sting” operation was due to public complaints of lewd activity at Wolfe Neck.
“[T]here have been no additional arrests made at the Wolfe Neck parking area pursuant to the operation there by Delaware Natural Resources Police Parks Enforcement to curtail lewd behavior,” said Michael Globetti, a spokesperson for DNREC, in an email this week.