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Atlantic City Mayor Marty Small Sr. says he will ‘absolutely not’ accept a plea deal that would force him out of office

A judge set a trial date of Nov. 10, a week after voters decide whether to reelect him.

Atlantic City Mayor Marty Small Sr. (left) and attorney Jordan Barbone after a brief hearing on Monday, in which the state offered him a plea deal, on charges related to the alleged endangerment of his daughter, in which he would avoid prison but would force him to relinquish his office. Small said he would "absolutely not" take the deal. His attorney called the case, in which Small's wife, La'Quetta Small, the city schools superintendent, was also charged, "politically motivated."
Atlantic City Mayor Marty Small Sr. (left) and attorney Jordan Barbone after a brief hearing on Monday, in which the state offered him a plea deal, on charges related to the alleged endangerment of his daughter, in which he would avoid prison but would force him to relinquish his office. Small said he would "absolutely not" take the deal. His attorney called the case, in which Small's wife, La'Quetta Small, the city schools superintendent, was also charged, "politically motivated."Read moreAmy S. Rosenberg / staff

MAYS LANDING, N.J. — An emphatic Atlantic City Mayor Marty Small Sr. said Monday that he was turning down an offer to plead guilty in a case involving the alleged assault of his daughter that would have forced him to give up office.

“Absolutely not,” Small said outside the courtroom after a brief hearing before Superior Court Judge Bernard DeLury.

The proposed deal called for Small to plead guilty to third-degree aggravated assault and avoid prison time. But the deal would have required Small to forfeit his elected office, Atlantic County prosecutor Elizabeth Fischer told the judge.

Small’s wife, Superintendent of Schools La’Quetta Small, is also charged in the case. She was offered a plea deal to a charge of second-degree child endangerment that would have sent her to prison for five years, the prosecutor said in court.

Her attorney, Michael Schreiber, said that they were rejecting that offer but that negotiations would be ongoing.

DeLury set a trial date for Marty Small for Nov. 10, a week after voters decide whether to reelect him, and Dec. 1 for La’Quetta Small. Another hearing was set for Sept. 25.

Although the plea offers were not formally turned down in court, Small and his attorney left little doubt outside the courtroom.

“It’s been turned down,” said Marty Small’s attorney, Jordan Barbone.

The mayor has resisted calls for him to consider stepping aside, including from Gov. Phil Murphy.

Speaking outside the courthouse, Barbone called the case “politically motivated.”

“In no situation will he be forfeiting office,” Barbone said. “In no situation do we believe this is a proper prosecution.”

Marty Small is charged with second-degree child endangerment, third-degree aggravated assault, and witness tampering — all of which could result in a maximum of 25 years in prison if convicted on all charges.

The state’s offer would have also mandated counseling and “no contact with the victim.”

Small easily won the primary in June to become the Democratic nominee for mayor. In heavily Democratic Atlantic City, that would likely put him on a path to reelection, despite the charges hanging over him.

The Smalls were charged in April 2024 with the physical abuse of their then-14 year old daughter on multiple occasions the previous December and January, including one incident in which prosecutors alleged that the mayor knocked his daughter unconscious with a broom and threatened to “earth slam” her down the steps.

The prosecutor alleged that La’Quetta Small punched her daughter “multiple times on her chest leaving bruising.” Another incident alleged that La’Quetta Small, who remains in her job as superintendent, dragged her daughter by her hair, then struck her with a belt on her shoulders, leaving marks.

Also charged in the case is Constance Days-Chapman, a family friend and the principal of Atlantic City High School, who was arrested on March 28 on accusations of failing to make a report to a state child welfare agency about an allegation of child abuse. Days-Chapman is on paid leave and awaiting trial.

The daughter’s boyfriend at the time said at an earlier court hearing that he had made recordings of the alleged beatings during a phone call with the daughter’s permission. The judge has ruled them admissible at trial.