Ex-Christie aide charged with child rape is out of jail and back at mother’s house

Kevin Tomafsky, a former aide to Gov. Chris Christie charged with engaging in sexual acts with a six-year-old, is now out of jail and living at his mother’s Washington Township home as he awaits a court appearance in five weeks.

Superior Court Judge Renard Scott rejected a bid by Gloucester County Assistant Prosecutor Bryant Flowers for pretrial detention, perhaps making Tomafsky the beneficiary of Christie’s bail reform initiative.

A grand jury indicted Tomafsky in July, and he was arrested on August 15.  Tomafsky was held at the Salem County Correctional Facility in Mannington until his release.

Tomafsky, who worked in Christie’s scheduling and advance office from 2010 to 2012, is accused of engaging in sexual conduct with a child, conspiracy to endanger the welfare of a child, permitting a child to engage in pornography, and possessing child pornography.

“The court does not find clear and convincing evidence that pretrial detention is necessary to reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process,” Scott said in his order.

Instead, the judge’s order deviated from the public safety assessment of no release despite facing 1st degree aggravated sexual assault charges because Tomafsky has no prior criminal history.

While Tomafsky is prohibited from all contact with the victim, and not permitted to use the Internet, the order did not extend to all children.

He must check in with pretrial services by telephone once every other week and once in person every other week.  Tomafsky is required to seek employment.

The court found that releasing Tomafsky on personal recognizance or an unsecured bond “would reasonably assure the defendant’s appearance in court when required (and) the protection of the safety of any other person or the community.”

According to court records obtained by the New Jersey Globe, Tomafsky, 41, was identified as the original recipient of a photo of a young female engaged in oral sex with an adult after the Gloucester prosecutor’s office reviewed records supplied by Snapchat as the result of a warrant.

Several days later, a Superior Court judge authorized a search warrant of the home Tomafsky shares with his mother.  The search was conducted on December 14, 2022, and an examination of devices belonging to him revealed his possession of less than 1,000 items of child sexual abuse materials.

The other individual, believed to be the victim’s father, was charged with six criminal accounts, including knowingly committing the act of sexual penetration on the six-year-old and photographic a child engaging in a sex act.  The New Jersey Globe is withholding the other defendant’s name to protect the victim’s privacy.

Scott, a former deputy attorney general, has served on the bench for two months.  He was immediately assigned to the criminal division upon taking office in July.

Tomafsky had spent nearly a decade working on political campaigns in South Jersey and had managed re-election campaigns for Rep. Frank LoBiondo.  He held a state government job until his resignation on Friday.