The sentencing of a former director of Ocean City’s beach-tag program who admitted to having sexual contact with an underage subordinate has been postponed a second time.
Charles E. Cusack, 54, was scheduled for sentencing Friday in state Superior Court in Cape May Court House. But, his sentencing has been rescheduled to 1:30 p.m. Thursday, March 17. The hearing was moved because the sentencing judge had a scheduling conflict, prosecutors said. Cusack was originally scheduled to be sentenced in December 2015 before Judge John C. Porto, but that hearing was rescheduled to give the prosecution and defense more time to prepare sentencing documents for the court.
Cusack, a retired Ocean City police officer, pleaded guilty in November 2015 to one count each of criminal sexual contact and official misconduct. In exchange for his pleas, prosecutors agreed not to seek prison time for Cusack.
Cusack was charged in August 2012 with one second-degree count of sexual assault. Prosecutors alleged Cusack had an ongoing sexual relationship with a female beach-tag inspector, who was then 17. At the time, Cusack was director of the city’s beach-tag operations.
In February 2015, a Cape May county grand jury handed up a superseding indictment adding a second-degree charge of official misconduct and a second-degree count of endangering the welfare of a child against Cusack.
Cusack had sex with the girl both in his city office and at his home in Egg Harbor Township on various occasions, prosecutors alleged.
In New Jersey, the age of consent is 16. But Cusack was charged under a provision in state statute that makes it illegal for a person to have sex with someone over whom he or she has supervisory authority when an alleged victim is 16 or 17 years old.
Cusack also faces an ongoing civil lawsuit filed by the victim. The civil complaint, filed in March 2015, alleges Cusack helped the girl land a plum summer job with the city’s beach fee office, and then used his position of authority to sway her into a sexual relationship. The City of Ocean City is also named as a defendant in the civil suit.
