Mecklenburg County, January 6, 2026
State Representative Carla Cunningham has filed a petition for the removal of Sheriff Garry McFadden, citing serious allegations of misconduct. The petition, supported by former sheriff’s office employees, includes claims of threats, corruption, and mismanagement. This legal action unfolds as Cunningham faces a competitive primary election, intensifying the scrutiny on both her political standing and the sheriff’s office conduct. The District Attorney has requested an investigation into the matter, indicating the gravity of the allegations made against Sheriff McFadden.
Charlotte
State Representative Carla Cunningham Files Petition to Remove Mecklenburg Sheriff Amidst Primary Challenge
State Representative Carla Cunningham, a prominent Democrat from District 106, has joined with four former Mecklenburg County Sheriff’s Office employees in filing a petition in Mecklenburg County Superior Court seeking the removal of Sheriff Garry McFadden from office. This significant legal action, which alleges widespread misconduct by Sheriff McFadden, comes as Representative Cunningham navigates a competitive primary election.
Allegations of Misconduct Against Sheriff McFadden
The petition outlines a series of serious allegations against Sheriff McFadden, encompassing claims of threats, attempted extortion, and corruption. A central accusation involves an alleged threat made by Sheriff McFadden to Representative Cunningham regarding her vote on an immigration-related bill. According to the petition, McFadden told Cunningham that Mecklenburg County residents would “come after” her if she sided with the Republican Party on a veto override and stated, “I don’t want to see you get hurt; you live in my county.” Representative Cunningham interpreted these comments as a threat of physical harm or a withdrawal of law enforcement protection.
Beyond these specific threats, the petition includes broader allegations of willful misconduct and maladministration within the Sheriff’s Office. Former employees claim mismanagement contributed to safety issues, including deaths of individuals in custody at the county jail and injuries to staff. The filing also alleges that Sheriff McFadden frequently retaliates against critics and whistleblowers.
Further accusations detail the alleged misuse of official resources. These include claims that Sheriff McFadden directed information technology staff to work on his campaign website and ordered on-duty deputies to drive officials attending a conference to bars and strip clubs in official Mecklenburg County Sheriff’s Office vehicles.
The petition also highlights an alleged “intolerable work environment” created under Sheriff McFadden’s leadership, which is said to have led to significant understaffing within the Sheriff’s Office, with numbers reportedly falling from 1,300 to approximately 770 during his tenure. Additionally, there are allegations that Sheriff McFadden relaxed policies on what inmates could possess while in “single-cell confinement” to “appease inmates and their families.”
Investigation Initiated
In response to the gravity of these allegations, Mecklenburg County District Attorney Spencer Merriweather has formally requested that the State Bureau of Investigation (SBI) launch an investigation into the claims made against Sheriff McFadden. Under State-level law, a district attorney or county attorney must approve a removal petition before it can proceed through the courts. Merriweather emphasized that while such petitions are rarely approved, the nature of these allegations, which in some instances suggest criminal conduct, warranted a thorough investigation. The SBI has confirmed that its Professional Standards unit will review the matter.
Sheriff McFadden’s office stated he is aware of the petition but has declined to issue an immediate public response.
Carla Cunningham’s Political Challenges and Prior Controversies
The filing of this petition occurs as Representative Carla Cunningham faces a challenging re-election bid for her North Carolina House District 106 seat. She is currently running in the Democratic primary scheduled for March 3, 2026, against opponents including the Reverend Rodney Sadler and Vermanno Bowman.
Cunningham’s political standing has been “embattled” due to her vote in July 2025 with Republicans to override Governor Josh Stein’s veto of House Bill 318 (also referred to as House Bill 10). This State-level legislation mandates that sheriffs cooperate more closely with federal immigration authorities, specifically U.S. Immigration and Customs Enforcement (ICE). Sheriff McFadden had been a vocal opponent of this bill.
Further drawing scrutiny, Representative Cunningham made controversial comments on the House floor in July 2025, stating that “all cultures are not equal” and suggesting immigrants must assimilate. While she later softened these remarks, she has maintained her stance on the immigration bill vote. In the wake of these controversies, Governor Josh Stein has endorsed her primary opponent, Reverend Rodney Sadler.
Earlier, Representative Cunningham issued an apology on her campaign website, acknowledging a “spirit of disharmony” that surrounded her at the time of her immigration comments. This apology, coupled with her involvement in previous legislative actions and petitions, underscores the complexities of her current political situation.
Broader Context of Sheriff McFadden’s Tenure
Sheriff Garry McFadden, first elected in 2018, has previously faced criticism regarding his leadership and the conduct of his office. In late 2024, he apologized for using “racially charged” language following allegations from his former Chief Deputy, Kevin Canty, who resigned and accused McFadden of fostering a toxic work environment. Canty is also among the individuals who joined Representative Cunningham in filing the recent petition for removal.
The ongoing legal and political challenges surrounding both Representative Cunningham and Sheriff McFadden highlight significant tensions within Mecklenburg County’s leadership and broader North Carolina’s political landscape, particularly concerning issues of law enforcement accountability and immigration policy.
Legislative Environment in North Carolina
The events in Mecklenburg County are occurring during a period of active legislative races across North Carolina, which are attracting considerable attention and could significantly impact the state’s political direction. The shift in voter rolls, with Republicans officially surpassing Democrats in North Carolina, provides a backdrop of evolving political dynamics at a State-level.
Judicial Process for Sheriff Removal
The removal process for a sheriff in North Carolina is court-supervised. A Superior Court judge holds the authority to suspend a targeted sheriff pending the resolution of the matter, should the petition move forward following the SBI’s investigation and the District Attorney’s approval. This process underscores the serious nature of the allegations and the legal mechanisms in place for accountability of elected officials at the county-level.
FAQ
What is the main accusation against Mecklenburg Sheriff Garry McFadden?
The main accusation in the petition is that Sheriff Garry McFadden allegedly made threats and attempted extortion or bribery against State Representative Carla Cunningham regarding her vote on an immigration-related bill. He reportedly told her Mecklenburg County residents would “come after” her if she sided with the Republican Party on a veto override and said, “I don’t want to see you get hurt; you live in my county.”
Who filed the petition to remove Sheriff Garry McFadden?
State Representative Carla Cunningham, along with four former Mecklenburg County Sheriff’s Office employees, filed the petition in Mecklenburg County Superior Court.
What other allegations are included in the petition against Sheriff McFadden?
Other allegations in the petition include widespread misconduct, mismanagement leading to safety issues (including deaths in custody and staff injuries), retaliation against critics and whistleblowers, misuse of official resources (such as making IT staff work on his campaign website and directing deputies to drive officials to bars and strip clubs in official vehicles), and creating an “intolerable work environment” leading to understaffing.
Is an investigation underway regarding these allegations?
Yes, Mecklenburg County District Attorney Spencer Merriweather has requested that the State Bureau of Investigation (SBI) launch an investigation into the claims. The SBI’s Professional Standards unit will review the matter.
Why is State Representative Carla Cunningham described as “embattled”?
State Representative Carla Cunningham is described as “embattled” due to her challenging re-election bid in the Democratic primary scheduled for March 3, 2026, and controversies surrounding her vote with Republicans to override a veto on an immigration bill. She also made controversial comments about cultures and immigrants, and later issued an apology.
What is the status of Sheriff McFadden’s response to the petition?
Sheriff McFadden’s office has stated that he is aware of the petition but has declined to issue an immediate public response.
Key Features of the Petition and Related Context
| Feature | Description | Scope |
|---|---|---|
| Petition Filing | A formal legal document filed in Mecklenburg County Superior Court seeking Sheriff Garry McFadden’s removal. | County-level |
| Primary Petitioner | State Representative Carla Cunningham, joined by four former Sheriff’s Office employees. | State-level / County-level |
| Core Allegation against Sheriff McFadden | Threats and attempted extortion/bribery against Rep. Cunningham regarding her vote on an immigration bill (HB 318/HB 10). | County-level / State-level |
| Other Allegations against Sheriff McFadden | Mismanagement, safety issues in jail, retaliation against critics, misuse of official resources (campaign website, deputies driving officials to clubs). | County-level |
| Investigation Status | Mecklenburg County District Attorney requested the State Bureau of Investigation (SBI) to investigate the claims. | State-level |
| Rep. Cunningham’s Political Status | Facing a Democratic primary election on March 3, 2026, for NC House District 106. | State-level |
| Controversy for Rep. Cunningham | Vote to override Gov. Stein’s veto of an immigration bill and controversial comments about cultures and immigrants. | State-level |
| Sheriff McFadden’s Prior Controversies | Apologized for “racially charged” language in late 2024; faced allegations of a toxic work environment. | County-level |
| Judicial Authority for Removal | A Superior Court judge has the power to suspend or remove a sheriff. | State-level |
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