CHARLOTTE — Charlotte City Councilman James Mitchell has been cleared of criminal charges by the Mecklenburg County District Attorney.
The development comes as Mitchell has been under investigation for his ownership stake in the Uptown construction company RJ Leeper -- also known as Bright Hope Construction -- which has multiple contracts with the City of Charlotte.
It’s against the law for an elected official to own more than 10% of a company that does business with the city. Mitchell claimed he owns more than 10%, but would sell enough stakes to get below the threshold. RJ Leeper claimed Mitchell owned nothing.
Then in December, the State Bureau of Investigation submitted its case file to the Mecklenburg County DA.
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Now, DA Spencer Merriweather said there is “no impression that Mr. Mitchell has any ownership stake in Bright Hope Construction” in his investigative report.
According Merriweather’s report, Mitchell didn’t have control of his ownership interest as of March 2022, which Merriweather said was “well in advance of his return to the Charlotte City Council.” The report found that while Mitchell believes he should rightfully own 25% of the company, there is no evidence that he does at this moment.
“Additionally, there is no evidence suggesting Mr. Mitchell performed any active engagement or oversight in the operation of this company since his termination in July 2021,” the report reads.
Councilman James Mitchell tells me he is "elated to be cleared." He says he is looking forward to serving the city of Charlotte with this behind him #CLTCC
— Joe Bruno (@JoeBrunoWSOC9) January 5, 2023
Merriweather said he didn’t have any evidence that Mitchell benefitted from his business relationship with the the construction company since he was terminated. He added that Mitchell also doesn’t have a current relationship with the company that would interfere with his status as a city councilman.
“It is important to note that this investigation never produced any suspicion of self-dealing, corruption, or any demonstrated intent on behalf of Mr. Mitchell to use his public office for personal gain or profit,” the report reads. “He was forthcoming with investigators and answered every questioned they asked of him.”
The investigation report concluded by saying the decision would stand unless a court ruling came to a different conclusion.
“I am elated to be cleared,” Mitchell told Channel 9 Reporter Joe Bruno. “I am looking forward to serving the city of Charlotte with this behind me.”
(WATCH BELOW: City attorney: Incoming councilman can be sworn in, may face criminal penalties)
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