A 52-year-old Garfield man is facing charges after police say he followed a 17-year-old girl through town in a black SUV and exposed himself to her near St. Nicholas Cemetery on Sunday morning. The girl, thinking fast, memorized the vehicle's description, its license plate, and the driver's appearance, details that led detectives straight to a suspect within two days.
According to Daily Voice, police were called to the area of St. Nicholas Cemetery on Passaic Street on August 16 after the teen reported being followed. She had first noticed a large black SUV inside a shopping complex on Shopping Center Drive before it began trailing her as she walked toward Passaic Street, police said. The SUV eventually stopped along the curb at Passaic and Clark streets, where the driver allegedly lowered his pants and exposed his genitals to her.
Police say the driver gestured for the girl to approach and nodded downward before she realized what was happening and walked away. When she attempted to activate her cellphone camera to record the encounter, the driver sped off, according to authorities.
Detectives Move Fast With Surveillance Footage and Teen's Details
Garfield Police Capt. Mario Pozo said Detectives Robert Meehan and Daniel Duleski identified Wellington Avecillas as the alleged driver after reviewing available surveillance footage and the descriptions the teen provided, including the SUV's license plate. Those details, gathered by the teen in the moments after the confrontation, proved central to the investigation moving as quickly as it did.
Avecillas, identified by police as an Ecuadorian national, agreed to come to Garfield police headquarters for an interview on August 18, according to authorities. He was arrested that same day following the investigation into the encounter, per Garfield police, and was subsequently taken to the Bergen County Jail pending his first court appearance, authorities said.
Charges Carry Serious Penalties Under New Jersey Law
Capt. Pozo said Avecillas was charged with criminal sexual contact, lewdness, and endangering the welfare of a child. Under New Jersey law, endangering the welfare of a child involving sexual conduct is generally charged as a third-degree crime carrying three to five years in state prison and fines up to $15,000, or a second-degree crime carrying five to 10 years if a legal duty of care applies, according to Villani & DeLuca, P.C.
Criminal sexual contact under New Jersey statute is classified as a fourth-degree crime punishable by up to 18 months in state prison and a fine of up to $10,000, per Reisig Criminal Defense & DWI Law. Lewdness is typically a disorderly persons offense carrying up to six months in county jail and a $1,000 fine. Exposure of intimate parts for sexual gratification under specified circumstances can constitute a fourth-degree crime punishable by up to 18 months in prison, according to Avery & Avery. Convictions for endangering the welfare of a child involving sexual conduct or criminal sexual contact against a minor also trigger mandatory registration on the New Jersey Sex Offender Registry under Megan's Law, per the New Jersey State Police.
Bail Reform and Immigration Enforcement Questions
New Jersey's Criminal Justice Reform Act provides a general risk-based system that includes a Public Safety Assessment algorithm; defendants may be held at county jail pending a pretrial detention hearing rather than posting cash bail. Central Judicial Processing generally occurs within 24 to 48 hours, while a detention hearing after a detention motion generally occurs within three days and can legally occur as late as seven days, according to Rosenberg Law. The Bergen County Jail in Hackensack, where Avecillas is being held, is a Direct Supervision facility with 1,150 beds operated by the Bergen County Sheriff's Office.
Since Avecillas has been identified by police as an Ecuadorian national, immigration-related questions could arise. The New Jersey Office of the Attorney General is referenced in the source material.
The case involves an alleged sexual crime against a minor in Bergen County. Garfield is a New Jersey city; the article links to the U.S. Census Bureau for background.
