Petition to remove Mecklenburg County sheriff dismissed

CHARLOTTE — Mecklenburg County Sheriff Garry McFadden earned a win in court Thursday after Judge R Stuart Albright dismissed a removal petition filed by State Representative Carla Cunningham and four former Mecklenburg County sheriff employees.

“I welcome the process and now I have to go and work in my office,” McFadden said after the dismissal.

Cunningham and the former employees are alleging threats, retaliation, misconduct and abuse by Sheriff McFadden. The group aimed to remove McFadden from his position as sheriff. But the dismissal had nothing to do with the claims and everything to do with how they were filed.

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McFadden called it a smear campaign built on lies.

His attorney pointed out the state law. It says the removal petition can be filed by 5 qualified electors upon the approval of the county attorney or district attorney. Judge Albright asked DA Spencer Merriweather and County Attorney Tyrone Wade if they approve of the petition. Both responded no.

“I appreciate the judge reading the motion to dismiss and following the law,” McFadden’s attorney Elizabeth Green said. “As my client just said, we welcome the process.”

Representative Cunningham declined to comment while leaving court, but later released a statement saying the case isn’t over.

“I appreciate the court’s time today, though the dismissal does not change anything,” she said. “The SBI investigation will continue, and the DA will still have an opportunity to seek McFadden’s removal based on the investigation. This is now in the court’s hands, and I am focused on my reelection campaign to serve the 106th District in the North Carolina General Assembly.”

The SBI confirmed the investigation is ongoing. It is possible the county attorney or district attorney could give their blessing to the removal petition following the investigation. However, the district attorney previously indicated his support for voters ultimately having the final say in who their sheriff is.

Sheriff Garry McFadden is up for re-election this year. He faces three primary challengers on March 3.

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