Democrat NC House Rep. Cunningham Files Petition Against Mecklenburg Sheriff Raising Serious Concerns; Governor Stein Endorses Her Primary Opponent 

This week, Democrat North Carolina House Representative Carla Cunningham, is one of the multiple parties, to submit a petition seeking to remove Mecklenburg County Sheriff Gary McFadden for attempted extortion and corruption, willful misconduct and maladministration in office, and willful and habitual refusal to perform the duties of his office. Among other the allegation is a threat made to Rep. Cunningham in connection with her work as a legislator.  

 

“No sheriff should ever suggest that a legislator’s safety depends on how she votes. I was afraid and the intimidation affected me,” said Cunningham. “This process exists for serious situations involving public trust, and the people of Mecklenburg County deserve transparency. Filing this complaint is part of rebuilding trust—trust in fair process, trust in our institutions, and trust that concerns will be handled through proper channels, such as dialogue and negotiation rather than silencing and bullying.”  

  

The petition asks a judge to review sworn allegations from Cunningham and other individuals describing additional concerns about the operation of the sheriff’s office. Under state law, removal can occur only through a court process and only if the allegations are proven. After receiving this petition, the Mecklenburg County District Attorney referred it to the State Bureau of Investigation.  

 

Sheriff Gary McFadden has made headlines for years for refusing the cooperate with federal immigration authorities and overseeing a spike in murders during his time in office.  

 

Here are some of the more surprising allegations in the complaint. Click here to read the full complaint.  

  • McFadden has cultivated a reputation for ruthlessness and retaliation against any subordinate who raised concerns about his management of the Mecklenburg County Sheriff’s Office (MSCO), Mecklenburg County Detention Center, his ethics, or about the safety of correctional staff, detention officers, and inmates there. 

  • McFadden has removed and/or intentionally underenforced jail policies and safety measures that existed to minimize the flow of contraband into Mecklenburg County Detention Center, ensure that correctional staff could maintain physical control, segregate the most violent inmates from other portions of the jail population, and limit the most violent inmates’ access to certain portions of the facility.  These rules existed to promote inmate and staff safety.    

  • McFadden frequently reminds his subordinates that they serve at his pleasure, and uses express or implied threats of retaliation to deter employees from speaking up about assaults and unsafe conditions at the jail, or other abuses.   

  • McFadden has also misused official resources for the benefit of friends and political supporters.  Specifically, on information and belief, McFadden has ordered patrol deputies to check on the businesses of his friends and supporters, even if those deputies would ordinarily be doing something more pressing.  Normally these businesses would need to hire off-duty law enforcement to obtain a similar level of service.    

  • McFadden stated that if Rep. Cunningham continued down the path she was on – that is, supporting HB 318 – the people of Mecklenburg County would “come after” her.  Based on McFadden’s tone and manner of delivery, Rep. Cunningham understood McFadden to be making a prediction that Rep. Cunningham would become physically unsafe, not that she would (for example) lose the support of her constituents or face highly motivated political opposition. 

Around the same time that Cunningham and the other petitioners filed this complaint, Democrat Governor Josh Stein, a key ally of Sheriff McFadden, endorsed Cunningham’s primary opponent.  

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