JEFFERSON — An off-duty federal immigration agent was arrested and charged with driving while intoxicated after a disturbance outside McKenna’s Pub in the Lake Hopatcong section of the township early Tuesday, August 25, according to Jefferson Township Police Department reports.
Michael A. Sclafani, 37, an agent with United States Immigration and Customs Enforcement (ICE), was charged after police said he activated the emergency lights on his government vehicle and pulled it into the roadway outside the bar on Espanong Road.
Jefferson Township Police responded at 12:24 a.m. to a report of a fight in progress at the bar. While officers were on the way, dispatch relayed reports that a gun had been brandished and that someone appeared to be impersonating a law enforcement officer in an unmarked sport utility vehicle with red and blue lights. Additional units were requested from surrounding jurisdictions, and officers from the Morris County Sheriff’s Office and the Mount Arlington Police Department arrived first and detained two men.
Officer Shane Cadigan reported that Sclafani was detained in front of a Dodge Durango with its red and blue emergency lights activated. With Sclafani’s consent, Officer Cadigan retrieved his driver’s license from the vehicle and observed an emergency light control system, a mobile computer and a green law enforcement duty vest marked “Immigration and Customs Enforcement” on the front passenger seat. Officers also found an ICE badge and federal identification cards confirming Sclafani was a federal employee.
According to the reports, the bartender and multiple patrons told police that nothing happened inside the bar and that the confrontation took place outside. Only one person on scene reported seeing a gun, and police described that account as inconsistent. A check of the parking lot turned up nothing of evidentiary value, including no firearms, and the second man who had been detained was released after police determined he did not appear to be the aggressor.
Sclafani told officers he was scared, left the bar and activated his emergency lights, pulling his vehicle into the street in the hope that a Jefferson police officer would notice and come to his aid. He told police he identified himself as a police officer in an attempt to control the situation, and said he never saw a firearm.
Officer Matthew Johnson reported that Sclafani had slurred speech, swayed while standing, kept his feet wide apart for balance, leaned on vehicles for support and had a strong odor of an alcoholic beverage on his breath. Sclafani refused to perform standard field sobriety tests. Based on officers’ observations and Sclafani’s own admissions to drinking and driving, he was placed under arrest.
A search of the government vehicle turned up a carton of Dogfish Head 60 Minute IPA on the passenger-side floor containing one closed bottle and two empty bottles, along with another closed bottle in the center console cup holder.
At Jefferson Police Headquarters, Sclafani was read the New Jersey Attorney General’s Standard Statement for Motor Vehicle Operators. When asked to provide breath samples for the Alcotest 9510, he replied, “No sir,” and when asked again, “No.”
Sergeant Chris Smolt contacted Sclafani’s supervisor at the Department of Homeland Security’s Newark office. Officer Cadigan secured the vehicle until federal agents arrived to retrieve it, along with Sclafani’s service weapon, which was locked in a safe in the rear of the vehicle. The agents then collected Sclafani’s government credentials at police headquarters.
Sclafani was charged with:
- Driving While Intoxicated (N.J.S.A. 39:4-50)
- Reckless Driving (N.J.S.A. 39:4-96)
- Open Container of Alcohol in a Motor Vehicle (N.J.S.A. 39:4-51b)
- Refusal to Submit to Breath Testing (N.J.S.A. 39:4-50.2)
He was released to the care of a family member.
Editor’s Note: The charges outlined in this publication are merely accusations, and the defendant and/or defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
