Judges suspend arrest warrants for misdemeanor charges in Stanly County amid COVID-19

STANLY COUNTY, N.C. — Two Stanly County judges issued an order this week, temporarily suspending arrests for people with certain active warrants because of the coronavirus. It applies to all law enforcement agencies in Stanly County.

The judges temporarily suspended enforcing arrest warrants for misdemeanor charges or child support contempt until after May 1.

Senior Resident Superior Court Judge Kevin Bridges and Chie District Court Judge William Tucker wrote, “It is appropriate and necessary that reasonable measures be taken to reduce and manage the population of local detention facilities and to protect law enforcement officers and courthouse staff, as well as the public.”

Stanly County Sheriff Jeff Crisco said he understands the judge’s intent is to reduce contact.

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“Being exposed to magistrates, detention officers and other inmates and being in the courthouse as well,” he said.

Despite the order, Crisco said if they encounter someone while on a call or traffic stop with a warrant, their duty is to still make the arrest.

“If we come across someone, an individual with an outstanding warrant, we are bound by law that we have to arrest them. We will take them before and the magistrate will follow their current protocol,” said Crisco.

But if the magistrate judge follows these orders, law enforcement officers will essentially be forced to let that person go.

“Their responsibility is to arrest the person and take them and the warrant before a judicial official. Then it’s up to the judicial official,” said Eddie Caldwell, executive vice president and general counsel for the North Carolina Sheriffs’ Association.

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Caldwell said this is the first order that he’s seen in North Carolina.

He said it creates a dilemma for local law enforcement trying to protect people.

“It sets up a conflict between what the statute says and what the judge’s orders are,” Caldwell said.

He said it also impacts the victims in those cases.

We reached out to other sheriff’s departments and found arrests are down overall. Some attribute that to a drop in crime with the stay-at-home order and some of it may be an officer’s discretion to issue a citation instead.

But so far, only Stanly and Montgomery counties have an order suspending arrests for misdemeanor warrants.

“These are trying times for everyone. It is a learning experience but we have to do our job,” said Crisco.

The order does not include felonies.

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