Updated: 10:22 a.m. Thursday, Oct. 15, 2009 | Posted: 10:45 p.m. Wednesday, Oct. 14, 2009
LINCOLN Co., N.C. —
Daughtery was indicted last week on two felony counts of obstruction of justice and one misdemeanor count of lying to a law enforcement agent. The charges stem from the sheriff's involvement with a 2007 DWI arrest.
His former deputy chief, Barry Taylor, was charged and convicted of obstruction of justice regarding the same case.
County Commissioner Alex Patton said the sheriff was asked to resign by 6:30 Wednesday evening but did not. Patton said that is why the board decided to take action.
"I want a sheriff that upholds the law," Patton said.
Several concerned residents showed up at the county commission meeting in support of Daughtery.
Darrell Harkay said, "This is ridiculous the county commissioner have no business doing this." Harkay said instead, the commission should let the courts decide the sheriff's fate.
Patton said in many ways the justice system has already spoken. "He was indicted by the district attorney, not five county commissioners,” he said.
The county attorney said the process of attempting to remove the sheriff from office will require several steps. First, the county attorney will prepare a petition and affidavits explaining the commissioners legal reasons for wanting the sheriff removed from office. Next, the petition and affidavit are submitted to the clerk of superior court. Finally, a judge will hold a hearing to review information presented by both the county and the sheriff before determining whether to remove Daughtery from office.
The county attorney said a final decision is expected in the next five to six weeks.
Previous Stories: October 14, 2009: Commission Votes To Remove Sheriff From Office October 13, 2009: Lincoln Sheriff Denies Charges, Refuses To Step Down October 12, 2009: Lincoln Co. Sheriff Indicted On Obstruction Of Justice Charges September 30, 2009: Lincoln Co. Chief Deputy Found Guilty Of Obstruction Of Justice September 29, 2009: Sheriff Under Fire During Lincoln Co. Deputy’s Trial September 28, 2009: Trial Begins For Lincoln Co. Deputy Accused Of Obstruction Of Justice September 15, 2009: Lincoln Co. Takes Control Of 911 Call Center August 7, 2009: Commissioners Ask Lincoln Sheriff To Resign; Department Responds July 17, 2009: Lincoln County Sheriff Addresses Department Criticism July 14, 2009: Lincoln County DA Calls Sheriff's Office Actions Foolish July 13, 2009: D.A. To Discuss Obstruction Case Against Chief Deputy