“Do Unto Others…” or “What Goes Around Comes Around”….RC Politics 2022 Commentary Updated 10-13-22

Posted on October 10, 2022 by Deborah Keller

**Opinion**

UPDATE: 10-13-22

I still have not heard back from Polk County Sheriff’s office concerning the training and certifications request but did receive an email from Isothermal Community College confirming that Tony Roberson DID complete and pass his BLET on 10-09-1996 there. I will update with the other information if it is made available.

10-10-22

Well it seems we have another twist in the Tony Roberson for Sheriff social media saga. (Glad I am never running for a political office again….)

To put this in perspective last Jan. a social media post was made on FB about Tony Roberson, RC Sheriff Candidate that made disparaging remarks about his past behavior. A FB post to Roberson’s wife’s account stated “for Mr. Roberson’s wife to ask her husband how faithful he had been because she knew he had messaged her while in Rutherfordton 2012-2013”. It went on to say that “others are saying he was drunk and all over them at Copper Penny, and he was not faithful or loyal and why would he give 2 shakes about the common folk. He was dirty and you just don’t see it.”

Candidate Roberson took great offense at these remarks made to his wife and had Leslie Lewis charged and arrested for cyberstalking. He said she was malicious, vile, and libelous in her remarks. A magistrate actually allowed the charges and D.A. Ted Bell’s office spent eight (8) months pursuing them.

Most of us that saw this play out on Facebook were shocked when they actually charged her, much less arrested her for this Facebook post. The general thought at the time was it must have really upset his wife for him to take it that far. It did make you wonder after the Copper Penny incident he was involved in. (see video here)

In that incident Roberson accused a fellow candidate of “setting him up” even though that candidate was out of town when the incident occurred. (See article here) It just got worse however for Ms. Lewis.

At age 39 she had never been arrested and now she had to obtain an attorney for these charges. She stated “I’ve done nothing wrong. This is my First Amendment right. If a man will have you arrested for speaking out against him what will he do in the office of Sheriff?”

This process of the lawsuit took eight months. There were continuances and a judge recused herself and then the out of town judge they got to come in actually worked at the Polk County DA’s office when Roberson was employed as a deputy there. Ms. Lewis spent thousands of dollars in legal fees and missed work because of this then with just minutes before the trial was to finally start the prosecutors abruptly dropped the case.

Politics gets ugly at times and this seems to be an example of that as well as total misuse of the office and legal system by DA Ted Bell whom Ms. Lewis said lied to her to get her to stop talking negatively about him. (Well, with his past behaviors…no surprise there)

Roberson said “they (the prosecution) were leery about the evidence they could present so he told them to drop it and that he had more important things on his plate.” Ms. Lewis is still talking about pursuing a civil action after the election against Roberson to recoup her losses on this suit.

Now that brings us to last week. I wrote an article about all three candidates running for Sheriff listing their qualifications and length of service. (see article) Candidate Roberson seemed to take offense at the article, which outlined his dates of service with Polk County. He was so upset that he decided to post a Facebook video about it. This is where the story takes another strange turn.

In the video he never mentions my name yet he goes on and on about attorney Andrew LaBreche being the author of this article about him. He then went on a tirade against RC Deputy Brandon Ellenburg for being an “informant”against his fellow officers. He claimed several times to have proof that LaBreche had written my article.

After seeing this I posted another article with all the documents that I had obtained from Polk County concerning his length of service. (see article here) I had asked Polk County Sheriff’s Office for a copy of his BLET certification dates and training/certification records but none have been produced as of yet. (Why they would want to withhold that information I don’t know.)

Mr. LaBreche took great offense at being erroneously signaled out as writing articles about Roberson as he had told him earlier that he did not want to be involved in his “politics” on this campaign. (Roberson implied plagiarism by me in that video but hey I just backed it up with another article containing the documents from Polk County)

When Mr. LaBreche sent a FB message to Roberson about this incident saying if it continued he would seek legal action against him. Roberson replied to him with “Go F*#k Yourself.” Then Roberson put up LaBreche’s private message to him on Facebook but omitted his reply.

Social Media was abuzz with this, with Roberson supporters saying he should sue LaBreche (no mention of for what??) and that LaBreche would never sue him. That was not to be the case however.

Candidate Roberson was served with the lawsuit from LaBreche on Thursday evening. I guess that was better than what happened to Ms. Lewis as at least he was not arrested and taken to jail as Robertson had done to her.

You can’t help but wonder about Karma in this situation. My grandmother always used to say to me “Do unto others as you would have them do unto you” and my Mom would say, “What goes around comes around.” In this case it seems that Tony Roberson is coming full circle on both these counts. We will continue to cover this with updates as they happen.

RC Politics 2022 …..Not a dull moment in the house folks!

Another Incident At The Jail?

Posted on October 7, 2022 by Deborah Keller

October 9, 2022

Last night I received a message that an incident had occurred at the jail. The details were a bit fuzzy stating that a shank was used in an assault but later cleared up by a second source.

I asked for a statement from Sheriff Francis last night confirming these events and he has yet to reply.

The allegations are that a violent offender named Stephen Mooney, who is currently being held on a murder charge, (see here) attacked another inmate by placing a bag over his head in an attempt to kill him. It appeared to be a hostage situation and the jail called for assistance from law enforcement personnel.

Individuals from Rutherfordton Police Department and Spindale Police Department arrived at the jail to assist but were not allowed access until the Sheriff could let them in.

It had been said that a request to move Mooney had been made due to his violent nature but was denied by the county for economic reasons. (having to pay to send him somewhere else)

EMS were called to the jail and the injured inmate was transported for medical attention. Last report said the inmate was in ICU on a ventilator and Mooney was being charged with attempted murder.

Updates will be published as we receive them concerning this.

David and Goliath…….Rutherford County Courthouse 2022

Posted on October 5, 2022 by Deborah Keller

**Opinion**

10-04-22

I went to court this week to watch a case being heard that a local attorney had put forward against several judges, a lawyer and the District Attorney (D.A.). It is a case that has been two years in the making.

I was curious, as this appears to be a classic David and Goliath situation. One young lawyer who went against a judge who was committing sexual offenses in office triggered the “good ole boy” network to come out in force. These judges and the DA knew about their colleague’s misconduct yet they turned a blind eye and let it continue. Once this attorney brought it to light the judge in question resigned.

The offending judge’s colleagues, however, could not let this behavior pass. How dare someone question one of their own? It could not be allowed to continue. They as a group decided to put him out of business according to statements made by witnesses. It appeared no one should dare question a judge’s behavior.

The judges started recusing from hearing his cases. They accused him of writing articles in RC Catalyst about them, yet NO one has presented an article with his name on it. He does admit that he consulted on some of the articles written. Since he was the attorney in question about the Judge Pool case of course he was consulted about the articles concerning the judge. He knew all the details and RC Catalyst wanted to make sure we were correct in their presentation.

Supposedly “a friend” of his who decided to work with the judges, DA, and the other private attorney in this matter showed them emails where he discussed the articles. Yes he was assisting with the technical verbiage of our articles, but so do doctors, engineers, and other professionals when we needed specific guidance on presenting the information in an article.

Did he actually write them….NO. The recusals were all based on this erroneous allegation of him writing articles about them. The defendants also recused from another attorney who was not involved in this at all, based off an incorrect phone number they had obtained. They had to remove his recusals.

They presented this refusal to hear cases in several ways assisted by the District Attorney. Cases were continued multiple times. They did not inform the attorney or his clients that their case would be continued so they continued to have to get off work and show up to court only to be sent home. If they did not show up they were charged with nonappearance even though their case was continued.

One case in particular that was mentioned in the court case was a person who had a DUI whose case had thirteen (13) continuances. (Shameful on the courts part here….)

This recusal matter effectively was shutting his practice down, as people knew his cases were not being heard. The judges and the DA knew this would work in time.

The judges arranged this in a way that it seemed the attorney had no legal recourse. Suing judges is just unheard of. It never occurred to these people in these high positions that anyone would have the audacity to question them and their behaviors.

It did not help that his former “friend” was on a personal social media vendetta against him. She was constantly putting innuendo out about him, his family members, and his motives as an attorney. She admitted on Facebook to working closely with the DA and others in this effort.

All this was being done in a concentrated effort to discredit him not only as an attorney, but also as a person. The “powers that be” wanted him to not only stop investigating them but to go away and disappear. If you are from here then you know the far-reaching powers of the “good ole boy” network. It has been used here for over a hundred years and God help you if you were on the wrong side of them.

Times are changing, however, and people are not tolerating the absolute power and protection these people are afforded. The little people, the unheard, the unprotected are beginning to speak up.

So David went up against Goliath this week in court. The presiding judge was from Mecklenburg County. One humorous note was when the private attorney being sued who was representing himself asked to be compensated for his legal fees to pay himself in this case. Even the judge rolled his eyes at that statement.

The defendant also admitted to receiving confidential attorney/client information on a thumb drive from a deputy sheriff in a hallway on a case in process for a completely unrelated matter because the attorney being sued was mentioned in it. The exact wording in court stated that the deputy said “I got something you would be interested in” when he gave it to him.

It seems they took someone’s cell phone they arrested and made a flash drive of all the conversations with his attorney and distributed them to unauthorized persons. (No conspiracy here…)

The judges, DA, and attorney involved asked for the case to be dismissed. The judges and the DA had someone from the Attorney General’s office in Raleigh representing them. She did everything she could to discredit the young attorney who was representing himself. She leveled insults and innuendoes about his practice and his person.

The young attorney stood his ground against the giants in the room. He calmly explained his claim in court to the presiding judge while not responding to the taunts of the AG office representative. The DA sat alone in the very back of the courtroom watching quietly.

After hearing from both sides the judge took the case and told them all he hoped to have a decision later in the week. The DA looked visibly stunned that it was not thrown out immediately. He left quickly once the judge made his statement.

No one knows how this will play out but regardless of the ruling it will most likely go to the appeals court. Just the very act that someone would finally sue the people of the “good ole boy” network itself for committing conspiracy and denying someone their constitutional rights is hopefully the beginning of the end of their protection and abuse of power. Maybe….

An update will be posted when the judge’s ruling comes in. Regardless this is quite a case and will not be forgotten.

Just like the song says, “The times they are a changing.”

Clearing up Concerns….Tony Roberson’s Records

Posted on October 3, 2022 by Deborah Keller

10-03-22

On Oct 1^st I published an article about the three candidates for Sheriff in Rutherford County using data received from public records requests. In that article I stated for anyone who has questions to contact the candidate. It appears that some did.

The existence of the records of Mr. Robinson seem to be in doubt according to social media posts. That being said I am now releasing the records that were used for the article I wrote here. These records are from Polk County and I see no reason why they would falsify them. If you have concerns about this please contact Tommy Oakman, Human Resources Officer, Polk County NC at 828.894.3301 x 224 or email at toakman@polknc.org.

The information on the records were reported in the first article but I will break it down for you here.

Anthony “Tony” Roberson’s Employment Records with Polk County Sheriff’s Office:

May -96 to June-96 1 month (FT) Jailer

June-96 to Sept -97 15 months (FT) Deputy

Resigned

March -98 PT 8 months (PT) Temp

Nov. -98 – May -99 6 months (FT) Patrol Officer

Resigned

July -99 – Sept.-99 2 months (PT) Jailer

Sept.-99 – May -01 20 months (FT) Deputy then Deputy Sargent.

Resigned

Aug. -02 – Dec 07 5 yrs. 4 months (PT) Reserve Officer then Jailer Nov. ‘07

Dec. -07 – Nov. -08 11 months (FT) Deputy then Sgt. then went to Investigations, became Lt. then Capt. Of Patrol, then Chief Deputy, then Interim Sheriff when the Sheriff Abril resigned. (See article why Sheriff Abril resigned)

Termination by new Sheriff.

11 + 20 + 6 + 15 +1 = 53 months (4.41 years Full Time)

64 + 2 + 8 = 74 months (6.16 years Part Time/Reserve)

Total Service : 10. 57 years

If there are any more records available I would be more than happy to post them when authenticated.

To see Polk Count Records please click the following links:

Public Information Request 1996 – 1998 – Tony Roberson – 22Sep22

Public Information Request 1998 – 2002 – Tony Roberson – 22Sep22

Public Information Request 2007 – 2008 – Tony Roberson – 22Sep22

A New Sheriff In Town…..Voting 2022

Posted on October 1, 2022 by Deborah Keller

9/30/22

This November Rutherford County will have the opportunity to vote in a new Sheriff. Our current Sheriff Chris Francis after multiple incidences with the office decided not to run again. Sheriff Francis has been in office for twelve (12) years being elected in 2010 from a position as a School Resource Officer at age 36.

The three men who are running to replace him are Republican Aaron Ellenburg, Democrat Jason Wease, and Independent (Republican) Tony Roberson. Each man has his own unique reasons and qualifications for seeking this office.

We hear a lot about qualifications to run for Sheriff but according to the NC Constitution:

“Every qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election by the people to office. The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God. Second, with respect to any office that is filled by election by the people, any person who is not qualified to vote in an election for that office. Third, any person who has been adjudged guilty of treason or any other felony against this State or the United States, or any person who has been adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, or any person who has been adjudged guilty of corruption or malpractice in any office, or any person who has been removed by impeachment from any office, and who has not been restored to the rights of citizenship in the manner prescribed by law.”

Aaron Ellenburg, age 42 is currently working for NCDMV as an Enforcement Officer. He is based in Cleveland County now since filing to run for Sheriff required a transfer out of Rutherford County per department policy.

He worked for Forest City Police Department as a Patrol Officer from June -’00 -Jan. -’04. NC Certified Law Enforcement Instructor May -’07 – present. He worked with Rutherford County Sheriff Office from Jan. -’04 – Sept. -’05. He went to NCDMV in Oct. -’05 (current) working as a Vehicle, License, and Theft Investigator. Serving as Homeland Security Task Force Officer Mar. -’18 – current. Reserve Officer for Rutherfordton Police Dept. Nov. -’99 – Sept.-’02. Aaron was a graduate of RS Central High School in 1998 and received his BLET from Isothermal Community College in 1999.

“I think what stands out is I am willing to listen to the people, and work with them to make our county better. I don’t care if you are rich or poor I care about your life. It breaks my heart seeing our county the way it is. I want to improve community/police relations. I am running for Sheriff to make a positive change in our county and with your help we can do it.” –Aaron Ellenburg.

He has had twenty-two plus (22+) years working continuously in different areas of law enforcement. Aaron is married to his wife Nikki and they have six (6) children. Aaron has asked former Rutherfordton Police Chief and retired SBI Special Investigator Randy Greenway to be his Chief Deputy should he be elected.

Jason Wease, age 39 is currently the owner of Wease Enterprises in Mooresboro. He graduated from Chase High School. He has also been a lifetime resident of Rutherford County. Jason announced his run for Sheriff in 2013 after saying he was compelled to run by God. He has answered that calling faithfully.

“We have a huge drug problem in the county. If elected this would be my goal, to clean up this county. I feel that God has called me to serve as your next Sheriff. I am not a politician, but I am a man of God, and want to make Rutherford County the best place to live, work, and raise a family.” –Jason Wease .

He has no law enforcement background but is a successful businessman with management experience. He currently lives in Forest City with his wife Ashton and his 4 children. Jason has not shared whom his Chief Deputy would be should he win the office.

Tony Roberson, age 57 does not list any full time employment currently. He graduated from Chase High School and received training in law enforcement from Isothermal Community College.

Tony worked for Polk County Sheriff’s department the following dates. (per Polk County records). Full time as a Jailer May -’96-June -’96 then Deputy June -’96 until Sept. -’97 when he resigned, then part-time as March -’98 as a temp, then full time Patrol Officer Nov. -’98, then resigned full time May -’99. Then July -’99 as part time Jailer. Then Sept. -’99 went to full time Deputy. Then April -’00 became Deputy Sergeant, then May -’01 he resigned.

Became a Reserve Officer in August -’02. Then returned as part-time Jailer Nov. -’07, then goes full time as a Deputy Dec. -’07, Sergeant on Feb. -’08, joined Investigations, then May -’08 he become Lt. in Investigations , June -’08 Capt. of Patrol, July -’08 Chief Deputy, then Interim Sheriff on Nov. -’08, and involuntary termination by newly appointed Sheriff Nov. -’08.

This totals up to four and one-half (4-1/2) years full-time experience and six (6) years as a reserve office/part-time in law enforcement. There is no record of him being involved in active law enforcement for fourteen (14) years. He was running as a Republican but left his party after disagreement with their policies to run as an Independent/Unaffiliated Republican.

“Community policing is critical in attracting industry and greater economic opportunity to the county. I want to give companies greater incentive to establish business here, by providing a safer, more drug-free workforce. New business enterprises will not come to this county as long as it remains drug infested. I want to restore public trust in the Sheriff’s Department.”-Tony Roberson.

He currently lives in Rutherfordton with his wife Lisa. They both have children and been foster parents for over 16 years. Tony has asked formerly fired (see link for story/video) RC Sheriff’s Deputy Jamie Dunn to be his Chief Deputy should he be elected.

In this social media age of politics you may possibly see or hear many different things about each candidate. I suggest if you have questions or concerns to contact the candidates with them. Make your decisions based on facts not emotion.

Who do YOU think will do the better job of trying to straighten up the immense problems of the jail and the distorted perception of the Sheriff’s Office in this county? Who do YOU think can make a positive impact on the drug problems that plague our county?

This race is important to us all. Change must come and it will regardless of how you vote. Be a positive part of that change. Get involved and please go vote!

Early voting starts Oct. 20th and ends Nov. 5th. Early voters can vote in person at any authorized early voting site in the county. (County Annex on Main St. Rutherfordton and ICC) Vote in person is Nov. 8th. On Tuesday Nov. 8th you must vote in the precinct that you are registered in.

Advisory: Traffic crash on Hwy 70 East

Posted on September 25, 2022 by Press Release

Sunday September 25, 2022
5:17PM
Motor Vehicle Crash

On Sunday September 25, 2022 at 5:17 pm a two car motor vehicle collision occurred on Hwy 70 near Old Hwy 10. Preliminary investigation shows that a 2005 Ford travelling East on Hwy 70, crossed the center line and struck 2018 Chevrolet SUV travelling West on Hwy 70.

This traffic crash resulted in two fatalities and several other occupants were transported to Mission Hospital in Asheville for treatment of their injuries.

Very limited details are being released at this time, pending proper family notification of those involved. Further information will be released on Monday September 26, 2022.

The Marion Police Department would like to thank the multiple agencies that assisted in this incident.

Seven students graduate from Basic Law Enforcement Training

Posted on September 22, 2022 by Press Release

Isothermal’s 83rd BLET class graduated earlier this week. Pictured are Rutherford County Sheriff Chris Francis(left to right),Matthew Mann, Caitlin Condrey, Samantha Mandolin, Jacob Poteat, Steven Crowder Jr., Jonathan Barnette, Kelby Trejo, Ava Yamouti, dean of Health and Public Services, and BLET Director Philip Bailey.

—————————————————

Seven students graduate from Basic Law Enforcement Training

SPINDALE (Sept. 21, 2022) – Seven students graduated from the Basic Law Enforcement Training (BLET) program at Isothermal Community College on Wednesday evening after completing nearly ten months of training.

This class had a great distinction of a 100 percent pass rate on the state law enforcement certification exam.

The BLET program is the state-mandated course of study for anyone interested in becoming a certified law enforcement officer. The students who completed the program were trained in 35 topics including criminal law, arrest, search, and seizure, driver training, defense tactics, firearms, and other related law enforcement topics.

The students who earned a graduation certificate for the 660-hour training program are Jonathan W. Barnette, Caitlin Marie Condrey, Steven Crowder Jr., Samantha Josephine Mandolin, Matthew Scott Mann, Jacob Thomas Poteat, and Kelby Trejo.

The students were honored in a ceremony that began with an invocation by Rutherford County Sheriff Chris Francis and the national anthem, led by graduate Samantha Mandolin. Dr. Greg Thomas, vice president of Student and Academic Affairs, welcomed the audience.

Sheriff Francis, who will soon be the program’s qualified assistant, delivered the commencement address to the students.

Then, Philip Bailey, the BLET program director, presented certificates and awards.

Ava Yamouti, dean of Health and Public Services, made the closing remarks.

Both graduates earned certificates in Basic Law Enforcement Training, ASP/Baton, Taser and Pepper Spray.

Samantha Mandolin earned the Top Firearms Award and the Top State Exam Award. Matthew Mann was named Most Improved PT. Caitlin Condrey received the Top Academic Award.

Jacob Poteat earned the Standard of Excellence Award. Poteat, who lost a leg below the knee due to a rare bone cancer several years ago, overcame his great physical challenge to meet the requirements of the program. He has long dreamed of serving as a law enforcement officer and was featured in an Isothermal story earlier this year.

This is the 83rd BLET class to graduate from Isothermal Community College since it began conducting the training in the late 1970s.

The next BLET class begins in mid-October. Many local law enforcement agencies are providing financial assistance for student. For information, contact Brenda McFarland at 828-395-1668 or Bailey at 828-395-1644.

Former LEO Jamie Dunn Loses Appeal for Assault On A Restrained Prisoner

Posted on September 21, 2022 by Deborah Keller

9-21-22

Rutherfordton- What a day in the courthouse in Rutherfordton! This almost sounds like the set up for a Lifetime movie.

The Main Players:

Jamie Dunn, a former Sheriff’s deputy who was fired for assaulting a restrained prisoner in the jail, who now is associated with Independent Sheriff candidate Tony Robinson to be his Chief Deputy if elected.

Attorney Greg Newman was representing Jamie Dunn. Mr. Newman has been approved to work in Asheville and Buncombe County as a defense attorney for indigent clients.

He is the former disgraced district attorney that Superior Court Judge Robert C. Ervin issued his order against on April 27, 2021 permanently removing the top criminal prosecutor for Henderson, Polk and Transylvania counties from his elected office, finding Newman engaged in “willful misconduct in office” and “conduct prejudicial to the administration of justice which brings the office into disrepute,” under N.C. General Statute 7A-66. Only the 3^rd removal of a D.A. in NC history.

The judge hearing the case was Judge Gould who was asked to hear this case.

The ADA for this trial was Lacey Beam. She graduated from Charlotte School of Law and this is her first job as an attorney.

Assault victim Christian Eugene Hardin originally said in the first trial that on October 2020 several Sheriff’s deputies responded to a call involving domestic violence at his residence. From the time the officers arrived until he was placed in the jail, Hardin described two incidents where several deputies allegedly assaulted him.

First, during the arrest, Hardin claimed that several officers pulled him out of the police vehicle due to his behavior and physically assaulted him by, among other things, slamming his head on the ground, and engaging in an altercation that left his ribs broken and wrists in pain.

Second, after being restrained in the jail, Hardin stated, “this rage went through me. I started cussing at [Dunn], being very disrespectful.” Although Hardin claimed that he could not remember any specific comments directed toward Dunn, he stated that Dunn suddenly struck him once on the right side of the face. (See video of incident below)

Mr. Hardin now says he has no memory of the event and personally did not want to press charges against Mr. Dunn but since he was in custody when the assault happened Sheriff Chris Francis did it.

SBI Agent Matthew Davis who did not show up to testify at this trial but was instrumental in the first one. During Agent Davis’ testimony in the first trial, he explained that there was considerable delay before the District Attorney requested that the SBI investigate. As a result, Hardin was not interviewed until approximately ten (10) days after the incident.

Once Agent Davis began his investigation, he explained that he reviewed video footage for the entire incident, including what occurred during the arrest and in the jail. Dunn’s counsel asked whether Agent Davis had uncovered any additional misconduct in reviewing the video footage or otherwise. Agent Davis responded that he had discovered no additional wrongdoing. In fact, Agent Davis stated that he had not even interviewed the other officers that allegedly assaulted Hardin and broken his ribs.

When Dunn’s counsel asked why Davis had neither spoken with the other officers that Hardin claims assaulted him or looked at other possible incidents of misconduct, Davis testified that he was to look only at any potential wrongdoing “in the jail” and that he was specifically instructed “not to stray away from that.”

Now that you know the main players and have some background. This is how the trial went. This was a juried trial heard in Superior Court on September 20,2022 in Rutherford County.

It appeared to be a slam-dunk for the state since they had actual video of the incident. Officers stated on the stand that that Dunn had a history of control issues and had been disciplined in the past. (sticks and stone may break my bones but words will never hurt me….remember that one?)

Dunn said that he had just suffered the loss of his mother but felt he had to go in that day “for his guys.” He said the victim made multiple remarks towards him and finally got explicit about his daughter. He then said he snapped and hit him. Mr. Dunn talked about his service and that he was a good officer. He implied that there might have been other reasons that he was fired because of this incident as no other officers were charged for the other assaults. (Mr. Dunn was supporting Tony Roberson who at that time was going to be running against Sheriff Chris Francis before he withdrew from the race)

ADA Beam asked one question of Mr. Dunn after his testimony. That question was “Was the defendant restrained when you struck him?” Mr. Dunn answered yes and she said no further questions.

In closing arguments Mr. Newman started instructing the jury on the issue of intent stating that intent meant you had to have ill will with intention to hurt the other person. The judge interrupted him at this point and took him back to chambers as he was totally misrepresenting the law. The judge then returned from chambers and instructed the jury that Mr. Newman was WRONG in his explanation of the law.

ADA Beam said Mr. Dunn was in area he was not supposed to be in and it was his decision to exchange insults, touch him then hit him.

The jury deliberated a very short time and returned with a guilty verdict against Mr. Dunn.

So many questions about this case still are circling around and we may never know the complete truth but you have got to admit, it is quite the story.

Should Rutherford County Start Its Own Police Force?

Posted on September 2, 2022 by Deborah Keller

September 1, 2022

Back in 2020 I wrote about the reasons why Rutherford County should start their own police force.

It would take the responsibility off of the Sheriff and let him concentrate on the jail and courthouse. (The 911 Communications Center has already been moved from his office.)
It would take political affiliations out of the equation so that officers would not be afraid for their jobs every four years.
The officers and administrators would be accountable to the county but also would have the job protection of the county policies and procedures standing behind them.
It would place officer/administrative accountability in the County’s hands.
It would help to restore the public’s faith in our officers and their behavior.

Accountability has long been an issue with the Sheriff’s Office. There seem to have been way too many people acting on their own without adequate supervision and oversight.

District Attorney Ted Bell has seemingly turned a blind eye to officer incidents and never has an SBI report been revealed to the public concerning these incidents. Even if charges were warranted, D.A. Bell is the person who decides to charge the officer involved or not. During Bell’s tenure a charge was only made once when the assault of a deputy on a handcuffed inmate was captured on video. That conviction is being appealed this month.

In those law enforcement cases there has been no one that the public could turn to for answers. Cloak and dagger seem to be the operating procedure as far as the general public was concerned.

Recently we have seen more information coming out of the Sheriff’s Office and they have installed a body scanner at the jail, but really, is this too little, too late?

Sheriff Francis is leaving office this year. He is not running for sheriff again. We will have a new sheriff after the November election. There are three good men running for this office but as I have said before, are we not asking too much of one man?

The jail is absolutely out of control. It is going to take a full time commitment to try to fix it. That is hard to do if you are also trying to supervise and coordinate the officers of the Sheriff’s Department whose responsibilities cover Rutherford County. Gaston and Mecklenburg Counties started their own county police departments and left the Sheriff to run the jail and courthouse.

In 2020 I stated that it would take Legislative action to make that even a possibility. I have been researching lately and came across a Senate Bill from 1983 that specifically addresses this issue for Rutherford County.

It was a time when the Commissioners had to face the possibility that their Sheriff might be in some legal difficulty and they would need something in place in the event that he could not perform his duties. The Sheriff (at that time) got it worked out so the County did not pursue it but the Legislation still stands. It reads as follows:

GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

CHAPTER 271

SENATE BILL 231

AN ACT TO ALLOW THE RUTHERFORD COUNTY BOARD OF COMMISSIONERS TO ESTABLISH A COUNTY POLICE FORCE.

The General Assembly of North Carolina enacts:

Section 1. The Rutherford County Board of Commissioners is authorized to establish a county police force, to appoint a police chief, to employ other police officers, and to establish the jurisdiction of the county police force within Rutherford County, effective on or after the first Monday in December of 1986.

Sec. 2. Pursuant to this act and other provisions of law, the Rutherford County Board of Commissioners shall adopt and promulgate rules governing the establishment and operation of the Rutherford County police force. Such rules shall be filed with the clerk to the Board of County Commissioners and shall be made available for public inspection at reasonable times.

Sec. 3. (a) The Rutherford County Board of Commissioners MAY put the question of establishing a county police force to a referendum of the qualified voters of Rutherford County. The referendum shall be conducted by the Rutherford County Board of Elections under the provisions of Chapter 163 of the General Statutes.

(b) The questions on the ballot shall be:

“@ FOR establishment of a county police force. @ AGAINST establishment of a county police force.”

(c) If the Rutherford County Board of Commissioners CHOOSES to hold a referendum under this section and a majority of the voters vote “FOR establishment of a county police force”, then the Rutherford County Board of Commissioners shall appoint a county police force under Sections 1 and 2 of this act.

Sec. 4. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of May, 1983.

Two very important words here, “MAY” and “CHOOSES”, mean that the Commissioners can decide on their own to implement this policy without a vote if they so choose.

The reason that this is so very important at this time is if the County is going to do this they need to decide before the November election. It would be much easier to implement this change before a new administration takes over. Not impossible mind you but easier on everybody concerned.

With all the issues that we currently have with the jail, possible corruption, excessive violence complaints, and outright negligence it is time for the county to step up and do something for the citizens of this county. There is little to no confidence of our current Sheriff’s Office by the general public. It is time to change that.

(L-R) Greg Lovelace, Bryan King, Michael Benfield, Alan Toney, David Hunt

It is time to let the good officers shine and given them all some protection from political repercussions of their own beliefs. It is time for accountability. It is time for action.

If this is something you feel it is time for, contact your County Commissioners. You can contact any of them not just your district representative and let them know. You can leave them a message at 828-287-6060 or you can email them at the following addresses:

Bryan King, Chair (bryan.king@rutherfordcountync.gov)

Alan Toney, Vice-Chair (alan.toney@rutherfordcountync.gov)5

Michael Benfield (michael.benfield@rutherfordcountync.gov)

Greg Lovelace (greg.lovelace@rutherfordcountync.gov)

David Hunt (david.hunt@rutherfordcountync.gov)

The next County Commissioner meeting is Tuesday September 6^th at 6 p.m. in the County Annex Building on 289 N.Main Street in Rutherfordton. Anyone can sign up before the meeting to speak for two (2) minutes and let them know how you feel about this.

Stand up and speak out. This is your community and your tax dollars. Let’s bring transparency, trust and accountability back to the police in our county.

As NC’s decades-old rape kits are tested, new DNA evidence emerges

Posted on August 31, 2022 by Carolina Public Press

The N.C. Attorney General’s Office now has a website that tracks kit testing and arrests.

A sexual assault nurse examiner opens a rape kit at the Solace Center in Raleigh. File photo by Alicia Carter / Carolina Public Press

Sitting in shelves and languishing in storage rooms throughout North Carolina, more than 16,000 untested sexual assault kits contained the keys to solving decades-old crimes.

Two of these kits stored by the Durham Police Department yielded their secrets, and earlier this month, two men pleaded guilty to separate sexual assaults after law enforcement identified them using the DNA they left in crimes committed years ago.

Carlos Dominguez-Aguiar assaulted a woman at knifepoint after breaking into her home in 2015, according to the Durham County District Attorney’s Office. Timothy Rorie’s saliva was found on his victim after he broke into her home in 2005. In both cases, the evidence of the crimes sat in a Durham County Police Department untested rape kit for years, the DA’s Office said.

It’s a familiar refrain playing out in police departments and courtrooms across the state as the decades-old backlog of rape kits is finally tested.

The two kits yielded enough quality DNA to be included in the federal Combined DNA Index System, or CODIS, database. Law enforcement later learned of a match in each case.

Since the assault in 2005, state records show Rorie had been convicted of several crimes, including robbery, kidnapping, burglary and assault on a female, a crime commonly associated with domestic violence, according to the N.C. Department of Public Safety. Dominguez-Aguiar was serving a prison sentence in Texas for illegal reentry into the country, according to a Durham Police Department quarterly report.

After having the largest backlog of untested kits in the entire country, North Carolina is methodically working through those kits — more than 16,000 of them. A statewide initiative in 2019 to eliminate the rape kit backlog culminated with the Survivor Act, which requires any entity that collects a rape kit, such as a hospital, to notify law enforcement within 24 hours.

The act also requires testing of each rape kit in order to submit DNA profiles into CODIS. To date, the state legislature has provided millions of dollars to test the untested rape kits. So far, several men have been convicted of multiple sexual assaults, each after the state tested rape kits containing their DNA.

Statewide, around 40% of kits with DNA uploaded to CODIS, or 1,018 kits, have found a match in CODIS.

The DNA from another 1,481 kits has already been uploaded to CODIS, awaiting a hit from a possibly unknown person. That information is now displayed publicly, including down to the law enforcement agency level, on a new website.

The Durham Police Department had the largest backlog of any agency in the state, with 1,709 untested kits, according to information from the state Attorney General’s Office.

Of those, 1,469 kits have been submitted for testing and evaluation, and 94 of them have had hits in the CODIS database.

“The Sexual Assault Kit Initiative is an example of excellent coordination between Durham law enforcement and the Durham DA’s Office to hold people accountable for these violent offenses, even years after the fact,” said Durham County District Attorney Satana Deberry in a statement.

There have so far been seven arrests related to 10 assaults from the department’s backlogged rape kits, the DA’s Office said.

“I also want to recognize and thank the scientists whose work made these convictions possible,” N.C. Attorney General Josh Stein said in a statement earlier this month. “DNA is a powerful tool that helps us to achieve our goals of making our communities safer and getting justice for victims.”