RALEIGH — A petition filed to remove Mecklenburg County Sheriff Garry McFadden was dismissed Thursday by Superior Court Judge Stuart Albright.
Albright’s order said the McFadden’s motion to dismiss “should be granted for lack of jurisdiction” due to Mecklenburg County District Attorney Spencer Merriweather and Mecklenburg County Attorney Tyrone C. Wade declining to approve the petition at this time.
North Carolina state Rep. Carla Cunningham (D-Mecklenburg) along with four past Mecklenburg Sheriff’s Office employees filed the petition for McFadden’s removal on Jan 5.
The petition accused McFadden of “attempted extortion and corruption, willful misconduct and maladministration in office, and willful and habitual refusal to perform the duties of his office.”
Merriweather’s lack of approval of the petition is linked to his request to the State Bureau of Investigations to probe the allegations against McFadden.
“… before an approval determination comes from this Office, I will, in my discretion, request that the North Carolina State Bureau of Investigation (NCSBI) investigate each allegation and report its findings to my office directly,” Merriweather wrote in his letter.
Merriweather sent the letter to the SBI the same day the petition was filed.
Albright’s order dismissed the petition without prejudice, meaning Cunningham and the other four plaintiffs could refile it. Merriweather could approve it at a later date, including of the petition is refiled, which could lead to a judge deciding whether McFadden should be removed.
McFadden, along with other Charlotte officials, will be testifying before lawmakers at at Jan. 29 hearing over crime and safety issues in that region.
The post Judge dismisses petition to remove Mecklenburg Sheriff McFadden first appeared on The North State Journal.
