Litigation against sheriff dismissed

(The Center Square) – Without approval of Democratic District Attorney Spencer Merriweather, the petition to remove Mecklenburg County Sheriff Garry McFadden from office was dismissed Thursday in a North Carolina Superior Court.

Threats to a state lawmaker, extortion, corruption and “willful misconduct and maladministration in office” were charges filed by a state representative and four former employees of the sheriff. Rep. Carla Cunningham, D-Mecklenburg, said the sheriff, in a July 26 call, told the lawmaker “people of Mecklenburg County ‘would come after’ her” if she went through with how she planned to vote on a veto override.

Judge Stuart Albright, in a one-page ruling, granted dismissal “for lack of jurisdiction.”

McFadden next is scheduled for the Oversight Committee of the state House of Representatives on Jan. 29.

The override vote referenced was on The Criminal Illegal Alien Enforcement Act, known also as House Bill 318. Cunningham was the lone Democrat to vote for the legislation and on the override. Under the new immigration law, local law enforcement cannot release a suspect until 48 hours after ICE is notified.

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McFadden’s history has shown sympathy toward people illegally in the country, and a stated desire to refuse cooperation with U.S. Immigration and Customs Enforcement. McFadden on his first day in office ended the ICE cooperation program known as 287(g).

Marcia Crenshaw Hill, Kevin Canty, Juan Delgado and Bryan Adams – respective former sergeant, chief deputy, captain and major with the Sheriff’s Office under McFadden – are petitioners alongside Cunningham. Together, in addition to the threat against a state legislator, they say McFadden is responsible for mismanagement of the county jail, retaliation tactics on former employees and whistleblowers, misuse of resources, weaponization of internal affairs and workplace favoritism.

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