Charlotte, January 16, 2026
A petition to remove Mecklenburg County Sheriff Garry McFadden was dismissed by a Superior Court judge due to procedural errors. The petitioners failed to obtain necessary approvals from county attorneys before filing. Judge R. Stuart Albright’s ruling allows for the possibility of re-filing if the proper endorsements are secured. Sheriff McFadden expressed relief over the decision while an investigation into allegations against him continues, highlighting significant misconduct claims. The political landscape remains tense as McFadden seeks re-election amidst scrutiny.
Charlotte
Petition to Remove Mecklenburg County Sheriff Garry McFadden Dismissed
A petition seeking the removal of Mecklenburg County Sheriff Garry McFadden from office was dismissed on Thursday, January 15, 2026, by a Superior Court judge. The decision, delivered in Mecklenburg County Superior Court, cited a procedural misstep, as petitioners had not secured the necessary approval from either the county’s district attorney or county attorney before filing the legal challenge. Despite the dismissal, the ruling allows for the possibility of the petition being refiled should the required approvals be obtained in the future.
Procedural Grounds for Dismissal
Superior Court Judge R. Stuart Albright determined that the petition, initiated by five Mecklenburg County residents, including a state representative and former sheriff’s office employees, did not meet a key legal threshold under North Carolina state law. State statutes mandate that such a petition must first be approved by either the Mecklenburg County District Attorney or the Mecklenburg County Attorney before it can be presented to a Superior Court judge. Because this approval was not obtained, the judge dismissed the case for lack of jurisdiction. The dismissal was made “without prejudice,” which means the petitioners retain the option to refile their complaint if they secure the prerequisite endorsements from the district attorney or county attorney.
Sheriff McFadden’s Reaction and Ongoing Investigation
Sheriff Garry McFadden reportedly expressed positive sentiments following the dismissal, indicating that he felt “great” and viewed it as “another day on the job.” He had previously characterized the allegations contained within the petition as “lies” but stated that he welcomed the legal process and would continue to lead the county.
In response to the serious nature of the allegations, Mecklenburg County District Attorney Spencer Merriweather had previously requested the State Bureau of Investigation (SBI) to launch an investigation. This SBI investigation into the claims against Sheriff McFadden remains active and is continuing. Both District Attorney Spencer Merriweather and County Attorney Tyrone Wade were present at Thursday’s hearing and confirmed that, at this time, they would not approve the petition.
Allegations Detailed in the Petition
The petition, which aimed to remove Sheriff McFadden, outlined a range of serious accusations. These allegations included claims of widespread misconduct, threats, and retaliation within the Mecklenburg County Sheriff’s Office. Specific charges also encompassed alleged attempted extortion and corruption, willful misconduct and maladministration in office, and a willful and habitual refusal to perform official duties.
Further details within the complaint included accusations that Sheriff McFadden directed deputies to transport officials attending a National Sheriffs Association conference to bars and strip clubs using official vehicles. It also alleged violations of Sheriff’s Office policy regarding the use of credit cards for hotel and flight upgrades, the utilization of official vehicles for personal travel, and the alleged weaponization of the internal affairs division to conduct investigations against employees he disfavored while protecting others. The petitioners also claimed a pervasive hostile work environment and a culture of intimidation and retribution against employees, in addition to an alleged violation of the Hatch Act concerning the use of sheriff’s office staff for his campaign website.
The Petitioners and Political Context
The group of five Mecklenburg County residents who filed the petition included State Representative Carla Cunningham, a Democrat, along with four former employees of the Mecklenburg County Sheriff’s Office: Kevin Canty (former Deputy Chief), Marcia Crenshaw Hill (former Sergeant), Major Bryan Adams, and Captain Juan Delgado.
The filing of the petition also highlights a backdrop of political dynamics. Sheriff McFadden, a Democrat, is currently seeking re-election and faces three challengers in the upcoming March primary election: Ricky Robbins, Rodney Collins, and Antwain Nance. State Representative Carla Cunningham had previously garnered attention for her vote to override a gubernatorial veto on House Bill 318, legislation that mandates sheriffs across all 100 North Carolina counties to cooperate with federal immigration enforcement. This vote, which saw Cunningham break ranks with her Democratic party leadership, was a point of contention with Sheriff McFadden, who was among several county sheriffs who had previously declined to honor federal Immigration and Customs Enforcement (ICE) detainer requests.
Upcoming Legislative Scrutiny
Separately, a state legislative hearing focused on Sheriff McFadden’s record in office is scheduled. The House Select Committee on Oversight and Reform had invited Sheriff McFadden to testify. Initially set for January 22, the hearing has now been rescheduled for January 29.
Frequently Asked Questions (FAQ)
What was the main outcome of the recent court hearing?
A petition seeking the removal of Mecklenburg County Sheriff Garry McFadden from office was dismissed on Thursday, January 15, 2026, by a Superior Court judge.
Why was the petition dismissed?
The petition was dismissed due to a procedural misstep: the petitioners failed to obtain the necessary approval from either the Mecklenburg County District Attorney or the Mecklenburg County Attorney before filing, as required by North Carolina state law.
Can the petition be refiled?
Yes, the dismissal was “without prejudice,” meaning the petition could potentially be refiled if the petitioners secure the required approvals from the district attorney or county attorney.
What were some of the key allegations against Sheriff McFadden?
The petition alleged widespread misconduct, threats, retaliation, attempted extortion and corruption, willful misconduct and maladministration in office, refusal to perform duties, misuse of official vehicles and credit cards, weaponizing internal affairs, and fostering a hostile work environment.
Is there an ongoing investigation into the allegations?
Yes, Mecklenburg County District Attorney Spencer Merriweather requested the State Bureau of Investigation (SBI) to investigate the allegations, and this investigation is continuing.
Who were the petitioners?
The petitioners included State Representative Carla Cunningham and four former employees of the Mecklenburg County Sheriff’s Office.
What is the political context surrounding this event?
Sheriff McFadden, a Democrat, is up for re-election in the March primary. One of the petitioners, State Representative Carla Cunningham, had previously voted to override a gubernatorial veto on House Bill 318, which requires sheriffs to cooperate with federal immigration enforcement, a stance that diverged from Sheriff McFadden’s previous position.
Key Features of the Petition and Dismissal
| Feature | Description | Geographic Scope |
|---|---|---|
| Event Outcome | Petition to remove Mecklenburg County Sheriff Garry McFadden dismissed. | Local |
| Date of Dismissal | Thursday, January 15, 2026. | Local |
| Dismissal Reason | Failure to obtain prior approval from District Attorney or County Attorney, as required by North Carolina state law. | State-level |
| Dismissal Status | “Without prejudice,” allowing for potential refiling. | State-level |
| Allegations Filed | Widespread misconduct, threats, retaliation, attempted extortion, corruption, willful misconduct, maladministration, refusal to perform duties, misuse of official resources, hostile work environment, Hatch Act violation. | Local |
| Key Petitioners | State Representative Carla Cunningham and four former Sheriff’s Office employees. | Local |
| Ongoing Investigation | State Bureau of Investigation (SBI) probe into allegations is continuing, requested by Mecklenburg County District Attorney Spencer Merriweather. | State-level |
| Political Relevance | Sheriff McFadden is running for re-election in the March primary; includes past policy disagreements with State Rep. Carla Cunningham regarding immigration enforcement (House Bill 318). | Local / State-level |
| Upcoming Scrutiny | State legislative hearing by the House Select Committee on Oversight and Reform rescheduled for January 29. | State-level |
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