Cumberland County, North Carolina, January 7, 2026
A federal appeals court has allowed a lawsuit to proceed against Cumberland County Deputy Justin Evans concerning the fatal shooting of Adrian Roberts, a mentally distressed Army veteran. The court dismissed Evans’ appeal related to the excessive force claim filed by Roberts’ widow, Sabara Fisher Roberts. This ruling marks a critical step towards justice for the veteran’s family. In a separate issue, a petition to remove Sheriff Garry McFadden from office has been filed by Mecklenburg County voters, citing serious allegations of misconduct.
Charlotte, N.C. – A significant legal development has unfolded in North Carolina, as a federal appeals court has dismissed an appeal from a Cumberland County sheriff’s deputy, allowing a lawsuit concerning the fatal shooting of a mentally distressed Army veteran to proceed. This decision, handed down in the last 48 hours, marks a critical step forward for the veteran’s family in their pursuit of justice.
Concurrently, a separate but equally impactful event has seen a group of Mecklenburg County voters, including a state lawmaker, file a petition seeking the removal of Sheriff Garry McFadden from office, citing serious allegations of misconduct and corruption.
Federal Appeals Court Rejects Deputy’s Appeal in Fatal Veteran Shooting
The Fourth U.S. Circuit Court of Appeals has dismissed an attempt by Cumberland County Deputy Justin Evans to overturn a lower court ruling. This ruling allows an excessive-force lawsuit to move forward regarding the August 2020 shooting death of Adrian Roberts, a 39-year-old honorably discharged Army veteran.
Roberts’ widow, Sabara Fisher Roberts, initiated the lawsuit, alleging that Deputy Evans used excessive force in violation of the Fourth Amendment of the U.S. Constitution. The appeals court ruled that it lacked the jurisdiction to review Evans’ appeal, which challenged a district court’s decision denying him qualified immunity and summary judgment on the excessive force claim.
Details of the 2020 Incident
The tragic incident in August 2020 occurred while deputies were attempting to serve an involuntary commitment order on Adrian Roberts. His wife had sought the order due to his severe paranoia and other mental health conditions, expressing fears for her family’s safety because Roberts reportedly kept knives and machetes within reach. After efforts to persuade Roberts to exit his home failed, deputies forcibly entered. Within seconds of entry, Deputy Evans shot Roberts.
The circumstances of the shooting remain a point of contention. Deputy Evans informed investigators that Roberts charged at officers with a raised machete. However, Roberts’ widow argues in the lawsuit that an autopsy report, which indicated bullet wounds to Roberts’ back and arm, suggests he was facing away from the deputy when he was shot.
Court’s Rationale and Next Steps
The district court had previously determined that the conflicting accounts presented a genuine factual dispute, which made it inappropriate to grant summary judgment or qualified immunity to Deputy Evans. The Fourth U.S. Circuit Court of Appeals affirmed that its role does not involve re-evaluating factual disputes at this stage of the proceedings, concluding that the lower court’s decision was based on unresolved factual questions rather than purely legal ones.
As a result of this dismissal, the lawsuit will now return to the trial court in the Eastern District of North Carolina. There, a jury will ultimately be tasked with deciding whether Deputy Evans utilized unreasonable force. A trial date has not yet been established.
Petition Filed to Remove Mecklenburg County Sheriff Garry McFadden
In a separate significant development, Sheriff Garry McFadden of Mecklenburg County is facing a formal petition for his removal from office. Five Mecklenburg County voters, including North Carolina State Representative Carla Cunningham, filed the petition, alleging a range of serious transgressions.
Allegations of Misconduct
The petition outlines accusations of attempted extortion and corruption, willful misconduct and maladministration, and a willful and habitual refusal to perform the duties of his office.
Among the specific allegations, Representative Cunningham claims Sheriff McFadden threatened her to influence her vote on state legislation, specifically House Bill 318 (the Criminal Illegal Alien Enforcement Act) or House Bill 10, both of which mandated cooperation between sheriffs and Immigration and Customs Enforcement (ICE). She states that McFadden suggested that the people of Mecklenburg County would “come after” her or that he would withdraw law enforcement protection if she did not vote as he desired.
The petitioners, who include several former Mecklenburg County Sheriff’s Office employees—former Chief of Staff Kevin Canty, former Sergeant Marcia Crenshaw Hill, former Captain Juan Delgado, and former Major Bryan Adams—also cite other issues. These include alleged misconduct related to conditions at the Mecklenburg County Detention Center, mismanagement of jail administration, retaliation against whistleblowers, and the misuse of official resources. There are also claims that McFadden ordered staff to work on his campaign website, which could be a violation of the Hatch Act, and that he engaged in questionable staffing and promotion practices, favoring certain deputies based on loyalty rather than qualifications.
Legal Process and Sheriff’s Response
Under North Carolina state law, a petition seeking the removal of a sheriff can be filed by at least five citizens. The Mecklenburg County District Attorney, Spencer Merriweather, has acknowledged receipt of the petition and has requested the State Bureau of Investigation (SBI) to investigate the numerous allegations. If the District Attorney or County Attorney determines the petition has merit, it can be presented to a Superior Court judge, who holds the authority to suspend the sheriff and, following a hearing, remove them from office.
Sheriff McFadden’s office has stated that he is aware of the petition but has declined to issue a comment at this time. The Sheriff, who is seeking a third term in 2026, is also scheduled to appear before the state House Oversight Committee on January 22 to address concerns regarding “mismanagement and blatant disregard for state law,” an appearance that was scheduled prior to this petition filing.
Frequently Asked Questions
What is the latest development in the North Carolina deputy shooting case?
A federal appeals court has dismissed an appeal from a Cumberland County sheriff’s deputy, allowing an excessive-force lawsuit to proceed in the August 2020 shooting death of a mentally distressed Army veteran.
Who was the deputy involved in the shooting?
The deputy involved in the shooting was Cumberland County Deputy Justin Evans.
Who was the veteran fatally shot in 2020?
The veteran fatally shot in 2020 was Adrian Roberts, a 39-year-old honorably discharged Army veteran.
What court dismissed the deputy’s appeal?
The Fourth U.S. Circuit Court of Appeals dismissed the deputy’s appeal.
Why did the appeals court dismiss the appeal?
The appeals court dismissed the appeal because it lacked jurisdiction to re-evaluate factual disputes at this stage, affirming that the decision turned on issues of fact, not law.
What is the next step for the excessive-force lawsuit?
The lawsuit will return to the trial court in the Eastern District of North Carolina, where a jury could ultimately decide whether the deputy used unreasonable force.
What is the recent news involving Mecklenburg County Sheriff Garry McFadden?
A petition has been filed by five Mecklenburg County voters, including a state lawmaker, seeking the removal of Sheriff Garry McFadden from office.
What are the main allegations against Sheriff Garry McFadden?
The main allegations against Sheriff Garry McFadden include attempted extortion and corruption, willful misconduct and maladministration, and willful and habitual refusal to perform the duties of his office.
Who are some of the individuals who filed the petition against Sheriff McFadden?
Some of the individuals who filed the petition against Sheriff McFadden include North Carolina State Representative Carla Cunningham and several former Mecklenburg County Sheriff’s Office employees.
What is the process for removing a sheriff in North Carolina?
Under North Carolina state law, at least five people can submit a petition, and the District Attorney or County Attorney decides its merit before presenting it to a Superior Court judge, who can suspend or remove the sheriff after a hearing.
What is the current status of the investigation into Sheriff McFadden’s allegations?
Mecklenburg County District Attorney Spencer Merriweather has asked the State Bureau of Investigation (SBI) to investigate the allegations against Sheriff McFadden.
Key Features of Recent North Carolina News
| Feature | NC Deputy’s Appeal Dismissal (State-level with Federal Court action) | Petition to Remove Sheriff McFadden (State-level) |
|---|---|---|
| Primary Event | Federal appeals court dismissed a Cumberland County deputy’s appeal. | Five Mecklenburg County voters filed a petition to remove Sheriff Garry McFadden. |
| Affected Parties | Deputy Justin Evans, Adrian Roberts (deceased veteran), Sabara Fisher Roberts (widow). | Sheriff Garry McFadden, NC State Representative Carla Cunningham, former MCSO employees, Mecklenburg County citizens. |
| Core Issue | Excessive-force lawsuit in a fatal shooting. | Allegations of attempted extortion, corruption, willful misconduct, and maladministration. |
| Key Court/Authority | Fourth U.S. Circuit Court of Appeals, Eastern District of North Carolina trial court. | Mecklenburg County District Attorney, North Carolina State Bureau of Investigation (SBI), Superior Court judge. |
| Outcome/Status | Lawsuit proceeds to trial court; no trial date set. | SBI investigation requested; potential judicial review for suspension/removal. |
| Geographic Scope | Cumberland County, North Carolina (incident); Federal Appeals Court (jurisdiction). | Mecklenburg County, North Carolina. |
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