RALEIGH — A petition prepared last month to remove Democrat Mecklenburg County Sheriff Garry McFadden from office was unveiled in a press release Monday.
North Carolina state Rep. Carla Cunningham (D-Mecklenburg) is one five individuals listed in the petition seeking McFadden’s removal “for attempted extortion and corruption, willful misconduct and maladministration in office, and willful and habitual refusal to perform the duties of his office.”
The other individuals joining Cunningham in filing the petition include Marcia Crenshaw Hill, Kevin Canty, Juan Delgado and Bryan Adams, all of whom are former Mecklenburg County Sheriff’s Office employees.
Hill was also a former Mecklenburg County Detention Center officer. Before working for McFadden, Canty had retired as the Special Agent in Charge of the State Bureau of Investigation’s Charlotte Field Office.
The petition outlines allegations of extortion whereby McFadden threatened to “withdraw or refuse law enforcement protection” of Cunningham if she did not vote to sustain the governor’s veto of HB 318, as McFadden desired.”
“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.”
According to the petition, following a July 26 meeting between McFadden and Cunningham, “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.”
House Bill 318 is the Criminal Illegal Alien Enforcement Act, which removed loopholes and tightened language with regard to law enforcement cooperating with Immigrations and Customs Enforcement (ICE).
During his tenure and as recently as this past November when ICE conducted operations in Charlotte, McFadden has resisted efforts by the General Assembly to increase cooperation with ICE and to keep illegal immigrants accused of crimes detained until ICE can take custody.
The bill was vetoed by Gov. Josh Stein but overridden, with Cunningham providing the one vote in the House necessary for the override to succeed.
“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,” Cunningham said.
Other allegations in the petition include:
- misconduct relating to conditions at the Mecklenburg County Detention Center and jail administration
- retaliation against crime victims and good faith whistleblowers
- misuse of official resources, including violations of the Hatch Act
- misconduct relating to staffing and promotion practices
- weaponizing the machinery of the Mecklenburg County Sheriff’s Office internal affairs unit against perceived enemies, while squelching internal investigations into perceived allies
Three months ago, McFadden formally addressed staff departures in a video posted to the Mecklenburg County Sheriff’s Office’s official YouTube account.
The petition was filed on behalf of Cunningham and the others by attorney Philip Thomas and Jonathan Marx, partners at Chalmers, Adams, Backer & Kaufman. Thomas is a prior chief legal counsel for the NC Republican Party.
In a statement to North State Journal, Thomas described the process surrounding the filing of the petition.
“North Carolina law provides a specific judicial process for addressing serious allegations involving a sitting sheriff,” said Thomas. “That process exists because the office carries extraordinary power and responsibility.
“The petition submitted here presents sworn allegations that, if proven, constitute profound breaches of public trust — including allegations of intimidation tied to the exercise of official authority. These are not abstract concerns or political disagreements; they are claims grounded in firsthand accounts and submitted under oath.
“Like any defendant in civil litigation, McFadden doesn’t have to prove his innocence of these allegations; the plaintiffs have the burden of proving their case in court. But allegations of this magnitude warrant careful consideration and judicial resolution on the merits, not dismissal or deflection.”
The General Assembly House Oversight Committee Chairman Rep. Brenden Jones (R-Columbus) noted prior to the petition being made public that McFadden has already been called to testify in front of the committee on Jan. 22.
“Due to the gross mismanagement within the Mecklenburg County Sheriff’s Department, not to mention its blatant disregard for state law, the House Oversight Committee has invited Sheriff Garry McFadden to testify on his department’s failures,” Jones wrote in a post on X, which included a copy of the letter sent to McFadden.
The request for McFadden to testify follows the committee sending letters to various Charlotte officials asking for documents and data pertaining to public safety in the city.
North State Journal requested a comment from McFadden’s office after requesting comment and received a one sentence response from a public information officer that read, “The Sheriff is aware of the removal petition; however, we are not releasing a statement at this time.”
