Petition to remove Mecklenburg County sheriff dismissed

CHARLOTTE, N.C. — A petition to remove Mecklenburg County Sheriff Garry McFadden was dismissed Thursday morning.

Judge R. Stuart Albright said the removal petition was filed without the approval of the county attorney or district attorney.

During the hearing, D.A. Spencer Merriweather was asked if he approved of the petition, and he responded “no.”

The same response was given from county attorney, Tyrone Wade.

The SBI investigation into McFadden’s office is still ongoing, which means this could resurface down the line. In the complaint, statements accuse the sheriff of corruption, extortion, neglect of his duties and other concerns, and as a result, District Attorney Spencer Merriweather has called on the SBI to investigate those claims.

“I feel great. It’s another day on the job,” McFadden said when asked how he felt about the hearing.

McFadden’s attorney told the judge that it would create chaos if disgruntled employees could file a petition without authorization from the D.A. or county attorney.

“Petitions would be filed all the time,” she warned. 

Representative Carla Cunningham from the 106th District was one of the people listed on the petition, and she said she believes the SBI investigation could lead to the possbility of removal for the sheriff. 

“I appreciate the court’s time today, though the dismissal does not change anything,” Cunningham said. “The SBI investigation will continue, and the DA will have an opportunity to seek Mcfadden’s removal based on the investigation. This is now in the courts hands, and I am focused on my reelection campaign to serve the 106th District in the North Carolina General Assembly.”