The Lowdown Archive
February 28, 2024
#57, OCSO Drone Program
Deputies and detention officers have difficult, dangerous jobs. When I became Sheriff, I initially prioritized upgrading equipment and training to help keep them safe, efficient, and effective. However, I wanted to do more than improve how we do things; I wanted to expand the things we can do. Therefore, in my second term, I instituted our drone program, and this investment in emerging technology continues to pay dividends beyond my expectations.
A drone is an aircraft with no pilot on board. The drones we use look like a cross between a helicopter and a bug, and they function like flying remote control cars. They take photos and videos, can see in the dark, and have heat-seeking capabilities known as FLIR. This thermal imaging technique is pronounced “fleer” and it stands for forward-looking infrared. The night vision and FLIR capabilities are so effective that it is sometimes more helpful to fly after dark!
Although a consumer can purchase a drone weighing under 0.55 pounds and fly it the same day for strictly recreational purposes, that person is classified as a hobbyist. We, on the other hand, are not playing around, and we are not flying that kind of drone! Anyone flying for commercial purposes must obtain certification under the Federal Aviation Administration’s rule governing unmanned aircraft systems, also called Part 107. We have four certified pilots, and they will tell you the training is “eye-opening.” It covers drone operations, weather, aerodynamics, flight regulations, air space classification, and more. They will also tell you the certification exam is one of the most difficult tests they ever took. Once licensed, a drone-pilot must recertify every two years.
Some air space is restricted, such as the area over stadiums, prisons, airports, and wildlife preserves, but we can generally fly drones over any public area where we are otherwise allowed to be. That said, we cannot violate people’s right to privacy. For example, we cannot hover directly over someone’s residence without a search warrant unless emergency circumstances exist that justify such action and we cannot release any photos without a subpoena.
We deploy our drones most often for search and rescue situations, or to assist in tracking and apprehending subjects that flee from a crime scene or traffic crash. With a camera onboard each aircraft, our deputies receive a bird’s eye view of a much larger area than they could see unassisted. This same wide-area capability is useful for monitoring large crowds, such as protests, parades, or festivals. It allows us to scan congested areas for emerging disruptions or incoming threats to the assembly. When
coupled with GPS capabilities, drones are an invaluable complement to a ground-based grid search for a missing child or wandering dementia patient.
Drones help us see more, and they help us see differently. The top-down perspective provides a comprehensive vantage point from which to make tactical decisions. More information leads to better choices. The photos and videos also help us review and improve our performance in the aftermath of a critical incident.
Perhaps most importantly, drones help keep our human assets safer. Imagine, for example, a person calls in a threat, perhaps reporting that he or she placed a bomb in a trash can at a ballfield. One of our pilots can fly over and peer into multiple trash receptacles in a fraction of the time it would take to do this task on foot, all while staying farther away from the risk of injury or death. To state the obvious, we can buy another drone, but people are irreplaceable.
Our profession is continually realizing new applications for the technological capabilities of unmanned aircraft. Perhaps you recall the recent ground-shaking “BOOM” people heard in downtown Hillsborough and surrounding areas. It took almost 24 hours for seismologists to conclude a 2.2 magnitude earthquake caused the sound. In the interim, people were very concerned and uneasy. The drone pilot on duty spent several hours searching for dust or smoke clouds that might help locate the source of the sound. He also flew to a location where people sometimes shoot at Tannerite, an explosive target used for firearm practice. Although he found no answers, it was nonetheless reassuring when he ruled out several imminent safety concerns.
Currently, our pilots must travel to the area of concern and maintain visual contact with the drone, but that will likely change in the not-too-distant future as the capability and reliability of this technology continue to increase. I expect drones will soon deliver an AED or Narcan when ground response time is outside the life-saving window. The possibilities are endless, and we are excited to explore them!
January 31, 2024
#56, Retirements Shape Future
Love it or hate it, social media is here to stay. It is simultaneously a uniting and a dividing force. For many, it provides entertainment, engagement with other people, information about businesses, and an important source of community news. For others, it can increase a sense of isolation, become a source of misinformation, or provide a forum to bully or troll others. In less than 30 years, social media has emerged, adapted, grown, and transformed communication here in Orange County and around the globe.
As I recently reflected on the prior year, I scrolled back through more than 330 posts on the Orange County Sheriff’s Office’s Facebook page, our primary social media platform. As I did so, I marveled at the historical record such posts now provide. They bear witness to the crime and law enforcement activity in Orange County. They remind us of the useful education we can provide to residents about crime and injury prevention, road closures, threatening weather, and community events. Facebook also serves as an ideal forum to showcase the good work of our employees, celebrate their accomplishments, and mark important transitions such as swearing-in ceremonies, promotions, and retirements.
During my stroll down memory lane, I came across a June 13, 2023 post about the retirements of seven members of this office. As I often say, “The afternoon knows what the morning never suspected,” and that post is proof. At the time, we were celebrating great careers and wishing beloved colleagues well. But when I saw that post again, I realized with new clarity how those retirements changed this agency and continue to affect us. We promoted several people to fill the vacated leadership spots; those individuals continue to grow into their positions while others adjust to different responsibilities. We have new personnel in every division with more opportunities on the horizon - five more people plan to retire this year.
Before I move on, let me say that contrary to what you may have heard, most law enforcement officers leave the profession at retirement, not before. Thirty years ago, a federal grant program known as “Cops Fast” hired, trained, and put thousands of new law enforcement officers on the street within a remarkably short period of time. The fact that those officers are retiring three decades later is not a surprise, and it does not represent an unusual rate of attrition.
I find myself in much the same position as a coach who is rebuilding a team after a large graduating class or the loss of personnel because of injury or movement through the transfer portal. As experienced players assume leadership roles and others move to new positions, a coach assesses incoming recruits, builds upon fundamental skills, and shapes them to the needs of the team and the realities of the schedule. Added twist for me: my team works out of two facilities - our main office and the Detention Center across town!
A mid-2023 analysis of detention center staffing conducted by the North Carolina Sheriffs’ Association revealed that some detention centers in the state face large staffing shortages – as much as 60%. We are doing much better than that, but we still have quite a few open positions. We are always looking to hire the right people to help us maintain our reputation for providing highly trained supervision by compassionate detention officers within an appropriately equipped facility. It is critically important work, and severe staff shortages are known to lead to corruption, inmate behavior problems, and increased rates of assault or self-harm. I frequently tell family members of the people in our custody that their loved one is in one of the safest places on the planet, and I make sure my staff knows how critical their efforts are toward maintaining that distinction.
Some detention officers build a rewarding, challenging career in our jail, progressing through the ranks into leadership roles. Others use the position as a steppingstone to additional training and a career as a deputy. Either path provides ample opportunity for advancement, competitive pay and benefits, excellent training and support, and a desirable retirement package.
If you are hungry to feel challenged by your career, proud of your coworkers, excited about the opportunities ahead of you, and confident that your efforts are making a difference in our community, we would like to talk to you. Please call Sergeant Glenn Powell, our recruiting coordinator, at (919) 245-2908. I’m actively rebuilding my team and looking to add talent to the depth chart.
December 27, 2023
#55, Vehicle Crashes
A well-known adage holds that only two things are certain - death and taxes. For the sake of this month’s Lowdown, I am adding a third item to that list – vehicle crashes. Almost everyone I know has been in at least one accident as the at-fault driver, a passenger, or the motorist who happened to be in the wrong place at the wrong time. Wrecks can be deadly or painful, they are usually expensive, and they are always inconvenient and stressful. In the immediate aftermath, people generally struggle to remember exactly what they should do.
Let’s start at the very beginning. People have a responsibility to themselves and to other motorists to maintain their vehicles properly. Bald tires, inoperable turn signals, worn out brakes, broken taillights, and crumbling wiper blades can all lead to a person causing or being unable to avoid a crash. North Carolina requires a yearly safety inspection to help identify these issues, and a person may not renew a license plate without proof that this assessment is complete, and any problems addressed. Law enforcement officers stop driver for expired tags because an out-of-date sticker signals that a qualified technician has not inspected the vehicle or that the vehicle failed the inspection, and the operator has not corrected the identified problems. Frankly, many people would not maintain their vehicle unless required to do so.
Prior to getting behind the wheel, it is generally a good idea for drivers to let someone know where they are going and when they plan to arrive. Ideally, motorists carry safety equipment, including a flashlight, first aid kit, and blankets. Many people think they don’t need a jacket because they are taking a quick trip to run a short errand. They feel differently once they’ve waited an hour or more in the cold for a trooper and a tow truck!
I mention troopers because in the unincorporated parts of the county, the Highway Patrol investigates traffic crashes on state-maintained roads and in public vehicular areas. My deputies will respond to assist, render aid, or direct traffic, but troopers conduct the crash investigation and write any required reports. The wait times are often long, especially during rain or snow events when multiple collisions typically occur. Although such delays are frustrating, leaving the scene of a crash is against the law. Drivers must report any crash in which someone is injured or killed or property damage of at least $1,000.00 occurs.
If no one seems injured and the property damage appears minimal, one of the parties may suggest handling the matter privately, but I advise against taking this course of
action! Vehicles may have hidden damage, people may not realize they are injured, and the other party may provide false information or fail to live up to any roadside agreements.
People involved in a collision should do their best to stay calm and proceed carefully. Each driver should assess him or herself and all passengers for injuries, turn on hazard lights, and check to see if it is safe to exit the vehicle. He or she should also heed warnings from witnesses or bystanders – they may see a hazard from their vantage point that the drivers cannot, such as downed power lines, fluid leaks, or oncoming traffic. Witnesses may realize an involved party is seriously hurt, but because of adrenalin or shock, the injured person may not feel pain yet.
Once out of the car, all parties should check on others involved in the crash, help uninjured people navigate away from the scene, call for help, and try to alert other motorists. Crash scenes are dangerous places - many wrecks are followed by additional collisions, either in a chain reaction, or because other drivers fail to successfully navigate around the scene of the crash.
North Carolina has a fender bender law which requires motorists to move vehicles to the side of the road and out of the path of nearby traffic if it is safe to do so and no one is seriously injured. Although drivers should comply with this law as soon as they can, taking a cell phone photo of the crash before moving the vehicles may be advisable.
I encourage everyone to remind themselves frequently that driving is a privilege and a tremendous responsibility. Approach the task with respect and caution and do not operate a vehicle under the influence of drugs or alcohol. Follow applicable laws, avoid distractions, use common sense, and be courteous. I wish everyone safe travels and a healthy 2024.
November 29, 2023
#54, Field Training Program
Law enforcement, widely considered an honorable, respected career, is one of the few professions accessible to those with or without college degrees. Bonus: it boasts interesting work, supportive colleagues, a path for career advancement, ample overtime opportunities, and a stable retirement plan.
The pre-employment process requires commitment and organization. A candidate must be a United States citizen, at least 21 years old, who possesses a high school diploma (or GED) and a driver’s license. Additionally, the person must be in good physical and psychological health and pass a background check and a polygraph.
Once hired, new employees usually work in the detention center providing for the safety and well-being of those in our custody while learning more about our office. They then attend the five-week Detention Officer Certification Course, sanctioned by the North Carolina Sheriffs’ Education and Training Standards Commission.
After employees earn certification, they return to the Detention Center and resume their important responsibilities there. Eventually, those who perform well and are interested can request to attend Basic Law Enforcement Training - a physically and academically rigorous 20-week program containing 36 separate blocks of instruction. Cadets must then pass the state exam to become certified law enforcement officers.
But wait - there’s more! New deputies enter a comprehensive, four-phase field training program, designed to acclimate them to the culture of our agency, translate classroom knowledge into real-world competence, and equip them with the experiences and relationships necessary for success. During the initial orientation phase, the new deputy works at the front desk, explores divisions within the office, and visits the telecommunications center.
In Phase 2, the trainee enters the world of patrol, beginning with a 12-hour ride-along shift with his or her Field Training Officer (FTO). The new deputy observes the work, and orients to the different in-car systems, such as the radio, emergency equipment, cameras, and computer programs. As early as the second day, the trainee starts driving, talking on the radio, and responding to calls under the FTO’s supervision. Phase 2 lasts a minimum of four weeks, which is 168 work hours, and focuses on the basics, such as interacting with people, writing reports, responding to alarms, and learning policy, procedure, county ordinances, and general statutes. During Phase 2, the novice also acclimates to the physical and emotional stresses of the role, which can only be understood through experience.
In Phase 3, a secondary FTO takes over, exposing the newcomer to a different supervisory style. The two-trainee system helps avoid blind spots or favoritism, and it serves as an effective check and
balance. During this phase, as the deputy becomes increasingly independent, the FTO starts stepping back and observing more.
At least once during each phase of the program, the shift supervisor accompanies the trainee to get a feel for this new squad member. Often, we see that the academic stars of BLET struggle with the social aspects of the job and find it difficult to be effective in chaotic situations. Likewise, those with an abundance of personality and charisma sometimes need help mastering the more technical and procedural aspects of their responsibilities. The supervisor adjusts the length of field training based on what he or she discovers about the individual’s style and needs.
Trainees must demonstrate competence with a set of 50 specific skills, including mastering radio protocols, executing search warrants, effecting an arrest, processing evidence, responding to residential alarms, and navigating domestic conflicts. They must also conduct traffic stops (including DWIs); investigate an unattended death; and work a missing person case. For experiences the new officer does not encounter – perhaps a bank robbery – he or she must verbally review procedures, concerns, risks, governing law, and other relevant factors with his or her FTO.
In the final phase of the program, the new deputy returns to his or her original FTO, who now wears plain clothes and allows the trainee to handle calls unassisted. Functioning as a shadow, the FTO only steps in if necessary. It takes experience and good judgement to allow someone to make the mistakes that provide learning opportunities, but not the ones that will cause a safety issue or a negative impact on the office. Successful completion of field training is not a given, although the entire process can be lengthened if a deputy needs a little extra time to master the nuances of the role.
Although training eventually ends, the mentoring relationship between a new deputy and his or her FTO rarely does. A successful career requires far more than an individual’s personal performance. It takes the investment and dedication of experienced co-workers who form an ever-lengthening bridge between the past and the future of the law enforcement profession.
October 25, 2023
#53, Grant Addresses Need (Mental Health and Suicide Prevention)
Although September is recognized as Suicide Prevention month, I would like to encourage our community to continue the conversation all year. Mental illness is treatable, and suicide is preventable, but we must keep talking and work to remove lingering stigma.
As I’ve discussed in this column, deputies respond to many calls that are not about enforcing the law or keeping the peace. The proportion of calls involving a mental health crisis seems to increase each year, and the stresses of the pandemic only exacerbated this trend. Over the years, the mental health system in our state has all but collapsed, and at present, we are the professionals most readily available to step into the service chasm. Generally, mental health clinicians do not see people in the field during a crisis. They are usually hospital or clinic based, charge for their services, and have limited night and weekend availability. On the other hand, we respond to such calls because we have a highly efficient dispatch system, don’t bill for services, and are available 24/7/365.
Even with skills learned in crisis intervention and mental health first-aid training, a deputy’s tools and solutions are geared primarily toward resolving a crisis as quickly as possible and answering the next call. Furthermore, rotating schedules preclude us from offering any meaningful follow-up. Anyone in the throes of a mental health crisis, especially if that person is suicidal, needs a specially trained clinician and more comprehensive services than law enforcement officers can provide.
I don’t know anyone who believes our state’s mental health system is adequate. We don’t have a regional system, let alone the desperately needed county-level resources. That said, I am very pleased the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services within the NC Department of Health and Human Services awarded Orange County a grant to form a Community Care and Diversion Response team.
The Orange County Criminal Justice Resource Department will administer the program, which includes placing a social worker in my office and one each in the Carrboro, Chapel Hill, and Hillsborough Police Departments. These professionals will work under the supervision of a Mental Health Diversion Coordinator and collaborate with a clinician and a peer support specialist based at Chapel Hill’s Freedom House Recovery Center.
The primary purpose of the Community Care team is to divert individuals with serious mental illness away from the criminal courts and into a system where they can receive treatment, peer support, and case management. But I have no doubt that this program will also be an invaluable tool for those in our community experiencing thoughts of suicide. These individuals deserve more than a ride to the hospital in a marked patrol vehicle and maybe a phone number to a crisis line.
Suicide is often a result of emotional pain and despair, and people considering this permanent solution to such problems often feel isolated and hopeless. It is crucial that people have access to mental health treatment and supportive services; deputies will now be able to make a warm hand-off to a trained clinician who can develop an individualized treatment/service plan with their clients, provide up to 90 days of case management service, and make referrals to a dedicated clinical and peer support specialist.
The Community Care team will also provide training about trauma-informed mental health interventions to law enforcement officers, allowing them to approach those experiencing suicidal thoughts or other mental health crises with greater awareness, improved communication, and increased consistency.
I am also hopeful this program will help deputies and police officers in another way. It is well-known that law enforcement officers have increased exposure to critical incidents - an event that creates a significant risk of substantial harm to the physical or mental health of those involved. Most people experience an estimated two to three critical incidents in a lifetime; law enforcement officers have 18 such exposures ANNUALLY. Responding to a call where a deputy is trying to prevent the suicide of a person, or managing the aftermath of such a death IS a critical incident. I expect the existence of Community Care Team clinicians will mitigate the trauma law enforcement officers feel when responding to such calls because they will have actual resources to offer. Less stressed officers are more effective at their work and better able to cope with psychological harm caused by critical incidents they experience. In other words, the Community Care program will expand the assistance available to those experiencing a mental health crisis and those responding to one.
September 27, 2023
#52, Victim Identified After 33 Years
Thirty-three years ago, crews working on the side of I-40 found the remains of a young woman near the New Hope Church Road exit. I remember that day – I was a patrol deputy working in the southern part of the county. The victim had been dead for about a week, and the investigation revealed her killer probably strangled her and dumped her body alongside the Interstate.
She was likely between 15 and 25 years old. Investigators wondered if she had been a runaway. Some witnesses reported seeing a person matching her description at a truck stop. Despite pursuing hundreds of leads, investigators were unable to determine her identity or that of her killer.
Throughout the decades, some of our finest investigators kept plugging away. When you can’t close a case, it gets under your skin. You might set the file aside for a while, but you keep coming back to it, looking to see something you didn’t notice before, or hoping information gathered in ensuing cases has relevance to your cold case.
Think back to 1990. Most of us probably didn’t have an email account or regular access to a computer. We did not have smart phones or social media accounts. Searches and inquiries we can accomplish now in a matter of seconds at a keyboard previously required an entirely different skill set.
During the ensuing three decades, technology improved, and investigators continually had new tools at their disposal. They repeatedly checked web-based missing person sites as those became growing repositories of information. They turned to social media. Early in the case, someone made a bust of the victim, applying forensic facial reconstruction techniques to a model of her skull. By 2018, a talented digital forensic artist was able to generate an illustration that resembled a photograph. We pushed out this image and renewed pleas for help on the thirtieth anniversary of the day workers located her body, but nothing came of those efforts.
Meanwhile, in laboratories all over the world, people continued to push the frontiers of science, particularly in the field of DNA research. Although prosecutors first won a criminal conviction using DNA in 1986, the field of forensic science as we know it today was still in its infancy in 1990 when we began this investigation. Although scientists could perhaps confirm someone’s identity via a DNA match or prove someone’s involvement in a crime through the biological clues they left behind, they could not use DNA to identify an unknown person.
Through the years, we received substantial assistance and resources from the State Bureau of Investigation and several volunteers with a passionate interest in solving missing persons cases. We assigned Investigator Dylan Hendricks to the case in June 2020. He eventually learned from an SBI agent about a California lab doing phenomenal work extracting DNA from rootless hair, another new frontier. Hendricks sent a degraded hair fragment to Astrea Forensics in May of last year. The company returned a DNA profile last month, and after 33 years, we finally had the breakthrough we needed.
Forensic genealogist Leslie Kaufman worked with the profile to identify family members of the victim using genealogy databases and other forensic tools. She identified some paternal cousins and investigators began conducting interviews. They learned of a female relative named Lisa Coburn Kesler whom no one had heard from in at least three decades. Investigator Hendricks said, “Essentially, there was a Lisa-shaped hole on a branch of the family tree right where the DNA told us Lisa should be, and no one knew where she was.” A maternal relative provided a DNA sample. Once analyzed, we had additional confirmation. Lisa was 20 years old when she died and had spent most of her life in Jackson County, Georgia.
The results satisfied Clyde Gibbs, a Medical Examiner Specialist in the Office of the Chief Medical Examiner. He updated NamUS, a national database used to connect missing persons cases to unidentified remains, reflecting that the DNA method resolved her case. Additionally, the Chief Medical Examiner is now able to amend her death certificate, providing her correct name and adding other demographic information.
I am very happy we solved the decades-old mystery of this young woman’s identity, and I hope it provides solace to her remaining family members. We are grateful to the many investigators, passionate volunteers, and talented professionals who assisted with this effort. Our work on this case is not finished. Although we collectively demonstrated the value of dogged determination, we still need to identify Lisa’s killer. There is no statute of limitations on murder, and the investigation remains open.
If you have any information about this case, please call Investigator Hendricks at (919) 245-2951.
August 30, 2023
#51, Criminal Court Overview
Frequently, I read or hear comments indicating that people wish law enforcement officers would stop merely slapping criminals on the wrist, or go after the “real criminals,” as if it were acceptable to apply the law to those who break certain laws, but ignore those who commit other crimes. I believe such sentiments are an indication that the criminal justice system – of which law enforcement officers are only one part –is not fully understood.
I’ll start my explanation with the most basic of principles: law enforcement officers must operate within the confines of the law. In other words, we must enforce the law as it is, not as we think it should be. The will of the people, and the needs of society, can change laws, and there is a slow, deliberate process that guides this evolution. If you don’t like a law, please work to change it through one of many options for constructive input.
When law enforcement officers arrest someone for a crime, they must provide sworn testimony to a magistrate, attempting to establish that probable cause exists to believe the identified person committed the specified crime. Probable cause is more than just a reasonable suspicion. The deputy must identify specific facts and circumstances connecting the accused to the crime. However, probable cause is not absolute proof. Our system demands more than the belief of one person to convict someone of a crime.
If the magistrate finds probable cause, he or she will process the arrest, set pre-trial conditions of release, and schedule an initial court date for the defendant. This moment represents a significant transition. Responsibility for the case passes from the law enforcement agency into the jurisdiction of the criminal court system, where the standard required for conviction is higher.
The District Attorney (DA) is an elected representative of the people living in a judicial district. Also known as the prosecutor, the DA has the responsibility to seek justice in all cases. It is critical to understand “justice” does not mean punishing everyone who comes before the court. Rather, it means treating every one equally and attempting to find the morally correct, fair outcome. If there is adequate evidence supporting the criminal charge and law enforcement officers followed proper procedures, the DA will work to obtain a conviction. If the evidence is not strong enough, or if it was not properly obtained, it would be unethical to prosecute, and the DA must dismiss the case.
Only a fraction of criminal cases ever proceed to a trial. Many cases are resolved by a plea bargain, a compromise between the prosecution and the defense, whereby each side feels the risks and rewards of proceeding to trial are appropriately balanced by the terms of the plea. The prosecutor might want a conviction on all charges but fear receiving a not-guilty verdict if the evidence is not compelling or unusually difficult to understand. The defense attorney might think it is in the best interests of the accused to accept conviction on lower-level charges rather than risk being found guilty of more serious crimes that carry longer incarceration times.
Although the general public might take a dim view of plea bargains, the needs of a community are often well-served by such arrangements. If a judge approves, these proposals can guarantee conviction, specify a period of incarceration, and prevent the court system from becoming bogged down. Trials are VERY time-consuming and expensive. If every case went to trial, the backlog would be astronomical, costs would skyrocket, and both the victim and the defendant would spend years waiting for resolution.
If a case goes to trial, a judge oversees the presentation of the case and ensures the prosecution and defense both follow the rules of evidence and due process. A judge is generally the trier of fact in District Court cases; a defendant in a Superior Court trail faces a jury of his or her peers. Both judge and jury must presume the defendant is innocent. They may only change that belief if the DA convinces them otherwise by proving every element of the crime(s) beyond a reasonable doubt. This standard requires that the DA present evidence and arguments to establish the defendant’s guilt so convincingly that any rational person would accept it as fact.
As I hope I’ve made clear, the American criminal justice system is complex, and involves multiple professional disciplines. It works hard to hold guilty people accountable for their crimes while protecting innocent ones from wrongful conviction. It is not a perfect system, but I don’t know of a better one.
July 26, 2023
#50, Public Health Campaign to Reduce Gun Violence
I’m a gun owner, raised by family members to be responsible with my firearms. Gun ownership carries with it the duty to store those firearms safely at all times. It is an ironic tragedy when a family suffers the death of a loved one by accidental or intentional discharge of a weapon originally purchased with the intention of keeping the family safe.
This problem is not insignificant. In North Carolina, there are five firearm related deaths every day; in 2020 alone, more than 1,600 fatalities resulted. One-hundred-and-sixteen children died from a firearm related injury in 2021, and related hospitalizations increased 120% from 2016 to 2020. In fact, gun violence is the leading cause of death for children, surpassing even motor vehicle accidents. More than half of all firearm deaths are suicides. Young people and veterans are at elevated risk of creating a permanent solution to a temporary problem when experiencing an emotional crisis. If the person is using drugs or alcohol, this risk increases. Black North Carolinians are almost twice as likely as white residents to be killed by a gun. I could keep going, but I’d rather talk about solutions than numb you with statistics. If you are interested in more numbers, a Google search will return frightening results. I don’t recommend it.
My deputies are responding more frequently to people who have a firearm stolen from their vehicle. In most of these situations, the owner left the weapon unsecured and carelessly stored – sometimes in plain view on the passenger seat of their unlocked car.
As many of you know, I am involved with several statewide issues through my work with the North Carolina Sheriffs’ Association and my position as the vice-chair of the Governor’s Crime Commission. I enjoy these opportunities to help craft legislation and advance ideas to improve public safety. When participating in a roundtable discussion last fall with many state leaders, including Governor Roy Cooper and Attorney General Josh Stein, I became even more convinced we need a statewide, multi-layered, comprehensive campaign to reduce gun violence.
Participants in the discussion support and respect the Second Amendment to the United States Constitution; they feel people have the right to defend themselves and their property. That said, they know education, awareness, and understanding of the laws related to a gun owner’s responsibility to store firearms safely is a crucial part of the multi-layered campaign need to improve community safety and save lives.
North Carolina is employing a four-step, public health approach to the problem of gun violence, combining programs and strategies to meet the needs of specific communities, with the goal of reducing suicides and mitigating violence. With this multi layered approach, we hope to see results similar to those in the 1970s when we attacked the problem of motor vehicle deaths so effectively that deaths per mile driven decreased by 70%.
Step 1 is to define and monitor the problem. To prevent violence, we must understand it, and study the data about frequency, location, and other trends, including who commits gun violence and who is victimized by it.
In Step 2, the plan seeks to identify the factors that seem to prevent people from experiencing or committing gun violence and those that put them at risk. This information helps identify where to focus prevention efforts.
Step 3 involves developing and testing prevention strategies aimed at accomplishing North Carolina’s three primary violence prevention goals: encourage safe firearm storage, increase protection for those at the highest risk of committing or experiencing violence, and strengthen our mental health crisis system. We will expand efforts that work, and improve or replace those that experience less robust success.
Step 4 seeks to assure widespread adoption of effective programs through training, networking, and technical assistance. All steps are critical to reducing the misuse of firearms that leads to unintentional injury, violence, or suicide.
A public health campaign takes time. It also requires individual action and participation. Whether you own firearms or not, you have a role to play. Educate yourself, talk to family members, and ask if there are unsecured weapons when you or your children go to someone else’s residence. If you have firearms, store them safely. Read and understand North Carolina’s safe storage laws. Gun violence in our state is not someone else’s problem. It is yours, it is mine, and it is ours. Let’s get to work.
June 28, 2023
#49, Legislative Process
Mark Twain said, “Those that respect the law and love sausage should watch neither being made.” I spent a lot of time in Raleigh lately, and he was not wrong!
Our government and the legislative process are complex. A law starts with an idea. In simple terms, a legislator sponsors a bill, other legislators sign onto it, and members of the General Assembly continue to tweak, change, and massage it as they pass the proposed legislation between their two chambers. Once Senators and members of the House of Representative pass the final version, the bill moves to the Governor for signature. The idea, of course, is to reach a final product that improves society or cures a problem. Despite generally good intentions, it takes enormous effort not to get stuck with bad law, or good law leading to unforeseen problems.
In June 2017, with bi-partisan support, the General Assembly passed new legislation such that North Carolina was no longer the sole state automatically prosecuting juveniles as adults for crimes allegedly committed on or after their sixteenth birthday. The law took effect December 1, 2019. In my opinion, this law synthesized years of research and established a way to improve public safety, reduce juvenile recidivism, provide economic benefit, and avoid tagging young people with permanent criminal records for mistakes made prior to adulthood.
However, as we learned when investigators developed a 17-year-old suspect in the tragic murders of Devin Clark and Lyric Woods in September 2022, the law, as written, protected the confidentiality of the juvenile until the judicial system transferred the case to adult court seven weeks later. This provision created a situation where we could only say that the suspect was a juvenile, but not specify the person’s name, age, race, or sex. We could not release a photo or reveal the suspect fled to another state. We could not discuss our progress with the victims’ families; we could only beg for their trust. As rumor and incorrect assumptions flourished in the petri dish of social media, we were silent. While authorities located the suspect, placed him in a juvenile detention facility, and eventually transported him to North Carolina, we could not reassure our community. Confidentiality trumped all other concerns. When a blogger, not subject to the law that tied our hands, publically identified the accused, we were unable to confirm or refute his information.
Two serious flaws in the new law quickly became apparent. First, although local public safety was never in jeopardy because the juvenile left the state, we were prohibited from warning people in the city where he fled. “Watch out for a 17 year old,” would be useless information. Second, if the suspect remained in North Carolina but eluded authorities, we would have been unable to ask for the public’s help locating him. He could have gone shopping, hung out at the library, or picked up take-out as long as he avoided law enforcement officers. No one else would know he was a wanted person!
Fortunately, sheriffs across the state, with the help of the staff at the North Carolina Sheriffs’ Association, lobbied lawmakers effectively at Legislative Day, an event where sheriffs in North Carolina meet with legislators to discuss public safety issues related to the concerns of their residents and the execution of their duties. We suggested improvements to the law, using the murder of Devin and Lyric to illustrate the need. Members of the General Assembly are currently finalizing a modification to the statute such that law enforcement officers can disclose certain confidential information if a superior court judge issues an order authorizing release. The technicalities are beyond the scope of this article, but the main requirements are that the juvenile allegedly committed a serious enough crime, presents a significant danger to self or others, and good cause exists for the disclosure.
I have high hopes this modified bill will pass. It is terrible that it took the death of two teenagers to reveal the flaws in the original law, but necessity is well-known as the mother of invention. I am grateful our governmental system has a process to cure problems. It may be slow and cumbersome at times, but it attempts to respond to the will of the people. Collectively, North Carolina sheriffs convinced legislators the law needed to be modified, and I am proud of our work.
If you have concerns about matters of public safety, please come talk to me or reach out to your elected officials in the General Assembly.
May 31, 2023
#48, Peace Officer Memorial Day
May is a beautiful month. Spring is well underway, and it is no longer cold. Although it is warm enough to open the swimming pool, it is not yet too hot to enjoy being anywhere else outdoors. I am also a big fan of Mother’s Day, and the excitement and high hopes of graduation season.
May is also a serious month, and I have been especially aware of that this year. On May 2, law enforcement members and the families of fallen officers from across the state gathered in Cary to honor those who died in the line of duty during the last year. As the Sheriff of Orange County and as the president of the North Carolina Sheriffs’ Association, I had the solemn duty of “Roll Call” during which I read aloud eleven people’s names. Other speakers also paid tribute to the fallen, and several praised the families of the officers, gratefully acknowledging their sacrifice.
These ceremonies are important, and they are difficult. Intended as a time to reflect, remember, and honor our dead in the comfort and company of others, these services are quite emotional for the loved ones who attend. The ceremonies bring back memories of the worst time of their lives - that period of shock, pain, and disorientation when they first processed the news of the death. I was pleased, therefore, that Attorney General Josh Stein, the host of the event, took time to share a few special moments of reflection with each of the families of the fallen before the service. He reminded survivors we will not forget their loved ones. As Cary Police Chief Terry Sult said, “This is an opportunity for us to share with you our hearts, our support, and embrace you as a part of the family of the shield.”
In addition to honoring the fallen officers and their families, these services reassure current members of the law enforcement profession that if they ever make the ultimate sacrifice, we will actively and permanently remember them.
Last year, we had the opportunity to exemplify this commitment. In 1904, Orange County Deputy Duncan Joseph Nichols died in the line of duty. At the time of his death, no process existed to annually or nationally honor those killed in such a manner.
The United States began recognizing Peace Officer Memorial Day in 1962 after a proclamation by President John F. Kennedy. Others founded the National Law Enforcement Officers Memorial Fund (NLEOMF) in 1984, the nonprofit that built and now maintains the national memorial to fallen officers. I shared the facts and circumstances of Deputy Nichol’s death with the NLEOMF in July 2021, and in 2022, they carved his name into the limestone of the national memorial in time for Peace Officer Memorial Day. The monument now bears almost 24,000 names, and knowing Nichols’ name is there is very satisfying. Although we always honored him locally, I am pleased that our commitment to him was enduring enough after more than a century to formalize it nationally.
I’d also like to share my thoughts about the recent death of Chapel Hill Police Officer Mike Mineer, who served as a Guardian of the Hill for 19 years. All law enforcement officers in Orange County work to support and look out for one another. Our work connects us in a way we do not need to articulate to each other and we find difficult to explain to someone else. The news of his death hit us hard. We respected Mike as a seasoned law enforcement officer and a committed and loving family man. We wish his loved ones and coworkers strength and comfort as they adjust to life without him. Although he did not die in the line of duty, it feels appropriate that he died in May. I know I will always think of him when I honor the service of other departed peace officers.
Finally, I’d like to mention Memorial Day, which we recognized two days ago. Unofficially kicking off the start of summer, it is another solemn May occurrence in which we recognize, honor, and mourn U.S. military personnel who died while serving in the armed forces. Although I found nothing that officially specifies a link between honoring military and law enforcement deaths in the same month, the connection feels deeply relevant and intentional. The formal opportunity to recognize those who gave their lives in the service of our county is another reason May is meaningful to me.
April 26, 2023
#47, Handgun Policies and Technologies
Late last month, the General Assembly voted to override Governor Roy Cooper’s veto of Senate Bill 41, Guarantee 2nd Amendment Freedom and Protections, effectively repealing state laws regarding issuance of pistol purchase permits by NC sheriffs. As a result, my office immediately stopped processing applications. Many people felt this change was an unsettling loss in the fight for better gun control. I want to share some of the policies and technologies used to keep guns out of the wrong hands and to hold accountable those who use them with criminal intent.
Although North Carolinians no longer need a permit to purchase a pistol, the laws regarding carrying concealed handguns remain unchanged. Orange County residents wishing to carry a concealed handgun must complete an eight-hour handgun safety class approved by the state’s Criminal Justice Education and Standards Commission. Residents must then come to my office to apply for a concealed handgun permit, and my staff determines whether the applicants are eligible to receive one.
Despite some misunderstanding, Senate Bill 41 does not deregulate gun sales. A firearms dealer must complete an instant background check on a buyer at the time of purchase. Known as a NICS check, this process is designed to reveal if the purchaser has any automatic disqualifiers. Examples of such disqualifiers include conviction of a crime punishable by more than a year in prison, a dishonorable discharge from the armed forces, or being the subject of certain court orders regarding intimate partner violence or danger to a child. If the NICS check reveals any disqualification, the dealer will deny the sale.
Private purchases or transfers do not require a background check; however, it is illegal to knowingly transfer a handgun to a person who cannot lawfully possess it.
Of course, people intent on carrying or using weapons sometimes steal weapons if they cannot legally purchase them. Unfortunately, many people do not store their legally acquired guns safely. Perhaps they want the weapon readily at hand; unfortunately, thieves know the accessible hiding spots. The same principle applies to the locations where motorists stash weapons – under the seat, in the center console, or in the glove compartment. Thieves check these places first. Please contact my office for a free gun lock or more information about safe firearm storage.
Some people who cannot legally possess weapons seek to purchase them through unlawful means. A 2019 Department of Justice survey found that 43 percent of criminals purchased their weapons on the black market. Another eleven percent had someone else buy the weapon(s) for them; this practice is known as a straw purchase. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) formed a network of Crime Gun Intelligence Centers in 2016. This interagency collaboration collects, analyzes, and shares information about guns encountered by law enforcement, including guns used in crimes, and those that are lost, found, or of concern in domestic violence situations. The Intelligence Centers identify links using eTrace, a secure network that attempts to trace guns back to the point of last legal purchase. Studying these links can help develop leads that may link a suspect to a firearm, identify patterns that reveal firearms trafficking, and determine who engages in straw purchases.
The ATF’s Crime Gun Intelligence Centers also use the National Integrated Ballistic Information Network (NIBIN) as part of their violent crime reduction strategy. This technology helps investigators match ballistics evidence from separate crime scenes to reveal connections. When someone discharges a weapon, the firing pin strikes the shell casing causing an explosion, which propels the bullet forward down the barrel. Meanwhile, the extractor hooks the casing and pulls it from the chamber, ejecting it from the weapon. Both actions mark the shell casing in a unique fashion. In perhaps overly simplistic terms, each gun has a fingerprint it transfers to the shell casing. NIBIN scans and compares ballistic evidence from shooting scenes and recovered firearms, building a list of similar results. Trained technicians then work to determine whether the identified connection can be confirmed as a match. In fiscal year 2022, NIBIN locations acquired over 631,000 pieces of evidence and generated over 189,000 leads. The NIBIN technology efficiently processes such volume, which will continue to increase as more agencies submit evidence.
Society continues to wrestle with balancing Second Amendment freedoms against the right to live safely in our communities. There are no obvious or easy answers. Please know I am working here in Orange County, and across the state through my involvement with the North Carolina Sheriffs’ Association, to study the problems and find opportunities to propose workable solutions. I welcome your thoughts and ideas.
March 29, 2023
#46, Closing the Gap, through Chicken
Buffalo Bills safety Damar Hamlin recently suffered a cardiac arrest on the football field. Thousands in the arena and millions of people watching the game televised live saw him collapse. Fortunately, first responders and athletic trainers, who had immediate access to an automated external defibrillator (AED), administered medical attention to Mr. Hamlin. Using their skills and this vital technology, they successfully saved his life.
Approximately 350,000 people suffer out-of-hospital cardiac arrest every year in the United States. A person’s chance of survival decreases by 10% every minute without intervention following cardiac arrest. Away from the resource-rich world of professional football, it takes, on average, seven minutes for a first responder to arrive on scene. When your life hangs in the balance, that is a long gap.
Fewer than 10% of people who have a cardiac arrest in the community survive long enough, as Hamlin did, to later be discharged from the hospital. Sadly, this grim statistic has remained largely unchanged during the last 30 years. I do not believe Mr. Hamlin would have had such a successful outcome if he had to wait seven or more minutes for an AED.
In 2019, I purchased 16 AEDs with the goal of eventually having one in all our patrol vehicles and in each Orange County public school. In ensuing years, I purchased several more. My office now owns 61 of these units. However, in May 2022, I realized our local counterparts in the municipal police departments do not have AEDs in all of their units on patrol. As the chief law enforcement officer in Orange County, I started working to change that.
In partnership with Kaitlin Strauss of the UNC Health Foundation and UNC Chancellor Kevin Guskiewicz, we plan to purchase additional AED units, aiming to close the gap between when a cardiac event takes place and when effective, life-saving aid can be delivered. I am grateful they share my vision. Our goal is to bring the total to 110 AEDs in law-enforcement hands throughout Orange County. We also plan to provide an additional 10 units to the South Orange Rescue Squad. At a cost of $1,500.00 each, achieving our goal is expensive; however, I am laser-focused.
An AED in every patrol vehicle in the county will be a game-changer. With multiple defibrillators in circulation at all times, ready to be deployed through our existing emergency-service infrastructure, Sheriff’s deputies, police officers, and first responders throughout the county will have a greater chance of reaching victims with this critical technology in time to intervene successfully.
To support this very ambitious undertaking, two groups, the Sheriff’s Office Citizens’ Organization (SOCO) and the Timeless Cruizers Car Club, are busy planning our upcoming Chicken Pickin’ fundraiser with members of our Community Service Division. We are excited to resume this tradition after several COVID cancellations. SOCO is a 501(c)(3) organization, able to receive tax-deductible contributions.
Founded many years ago by my predecessor, SOCO has a long history of providing significant funding to our office for special initiatives. For example, SOCO purchases much of the Lifetrack equipment we use to protect vulnerable seniors and others at risk of wandering away from caregivers. SOCO also purchases Officer Down Trauma kits and ballistic vests for our K9s. SOCO members also assist us with our popular Shop with the Sheriff event in December. Although many SOCO members are graduates of our Citizens’ Academy, we welcome anyone with an interest in our office and a willingness to help the community.
The Timeless Cruizers Car Club is another valuable community partner. They generously support the fundraiser by donating the chicken. Members of both clubs will assist us on April 19 with our all-hands-on-deck event. We will barbeque chicken and package meals for pick-up in front of our new detention center on Highway 70.
Deputies, members of the office, and volunteers will be in the community selling $10 tickets through April 7. If you prefer, you can come by the office at 106 E. Margaret Lane in Hillsborough to purchase them. Meals include chicken, green beans, potatoes, and a roll. Order 10 plates or more for your family, neighborhood, or office, and we will provide free delivery on April 19 to anywhere within Orange County or to supportive areas nearby. The Chicken Pickin’ is a pre-order only event. We also appreciate tax-deductible donations.
Despite the labor-intensive nature of such an ambitious undertaking, the Chicken Pickin’ is always a fun event. Please call Lt. Daniel Roberson at (919) 245-2921 if you would like to buy tickets, donate funds, or volunteer. Help us purchase and circulate more life-saving AED devices throughout Orange County. Let’s close the gap!
