The Lowdown Archive
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!
February 22, 2023
#45, Chief Deputy
Chief Deputy Jamison (Jamie) Sykes will retire at the beginning of May. His departure marks the beginning of an enormous transition; he has served in this role since my first day in office. I felt an emptiness in my stomach when he announced his intention to retire, but that sadness is balanced by the joy and excitement I feel for him. He will retire while he is still young, healthy, and able to enjoy the youth of his children. These are truly blessings, especially given that several studies show a reduced average lifespan for members of the law enforcement profession.
In briefest terms, a Chief Deputy is the highest ranking person member of the office serving under a sheriff. Therefore, Jamie is charged with general management of the sheriff’s office. He acts with me, and in support of me, and sometimes in place of me. The role requires friendship, trust, loyalty, judgment, and the absolute ability to know how I would think about an issue or challenge facing us. There is also a difficult to describe human element critical to the role that in many ways is more meaningful than the rank.
I had significant involvement in Jamie’s training when he was a young officer. Through the years, I served as his mentor and watched him succeed in nearly every division of this office. I observed his work ethic and witnessed countless examples of his integrity. I gave him advice on building both his house and his family, and I counted on him for the same.
In 2000, I was diagnosed with cancer. When subsequently drafting my will, my wife Lisa and I named Jamie as the guardian of our children. I can’t think of another person on this planet I would’ve trusted more at the time with my family. My kids are grown now, and one has children of her own, so his potential term as guardian has long since expired. Still, if something were to happen to us, I know without a doubt Jamie Sykes is the first person my kids would call.
Although Jamie will always be a part of my life, his retirement certainly represents a loss for our office, and we will face additional transitions over the next several years as other members of my staff retire. As we re-calibrate, I will announce many promotions, each of which will represent fresh energy, new ideas, and a different dynamic.
As I started to consider who would become the next Chief Deputy, I recalled Jamie’s early frustrations as he worked to balance the operational side of the agency against the administrative one. Then, as we grew and implemented new programs, the scope of what he managed and the sheer number of decisions he faced grew exponentially. Meanwhile, the law enforcement profession as a whole experienced an increased demand for service. Across the state, many agencies are dividing the responsibilities of a chief deputy into two positions, and it became clear to me that such an arrangement is the right structure for my office at this time.
As such, I am promoting Lieutenant Colonel Kevin Jones to serve as Chief Deputy for the operational side of the agency. His responsibilities will include the patrol, investigations, and civil divisions. Meanwhile, Major Tina Sykes will become the Chief Deputy responsible for the service side of our office, overseeing records, court security, detention, school resource officers, community outreach, and training and standards. Trust me, there is enough work to keep both of these individuals very busy!
Both Tina and Kevin are products of this agency. I’ve known them their entire careers, and I’ve seen them grow and evolve into professional law-enforcement leaders. I have full faith in their ability to fill these new roles in an effective and efficient manner. Moreover, I trust them both completely. I am excited to see them take on new responsibilities, and I look forward to watching them grow.
Luckily, Kevin and Tina will not start from scratch as Jamie did, meaning they can use his performance as a road map as they find their way. They can also lean on each other and collaborate as they navigate new challenges. We will miss Chief Deputy Sykes and his vast institutional knowledge, but we are well-positioned for continued success with these two leaders.
I encourage readers to congratulate Jamie on his well-deserved retirement. His email address is JSykes@orangecountync.gov. Please also join me in congratulating Chief Deputies Tina Sykes and Kevin Jones and wishing them success. Their respective emails are Trimmer@orangecountync.gov and kjones@orangecountync.gov.
January 25, 2023
#44, Crisis Unit
Amber Keith-Drowns has been assisting people experiencing domestic violence or intimate-partner abuse for over 21 years; most practitioners in her field burn out within four years. Unfortunately, Amber’s tenacity has its genesis in family tragedy - her grandmother died as the result of interpersonal-family violence. I frequently say that most people in the law enforcement profession have their “WHY,” and Amber is no exception. She keeps her grandmother’s photo on her desk as a visible symbol of her motivation.
Every day, Amber reads deputy reports and follows up on domestic disturbances, sexual assaults, child abuse situations, and anything a patrol deputy indicates might benefit from her expertise. She then processes any paperwork related to domestic violence protective orders (DVPO), and she communicates with clerks, judges, and involved advocates. She also provides services to people who call or walk into the office requesting assistance, information, or advice related to domestic violence.
Some people are surprised that domestic violence and intimate-partner abuse affect both men and women and occur across all demographic categories, professions, and socioeconomic levels. Violence, of course, includes physical assaults of some sort, whereas abuse involves intimidation or the manipulation of power and control through mental, emotional, financial, or other means. Many people know something is unhealthy about their relationship, but because they have not been physically assaulted, they aren’t sure how to characterize their situation. Such people have what Amber calls “lightbulb moments” in her office when they recognize an abusive relationship can exist even in the absence of bruising or broken bones. In other words, domestic violence is one form of an abusive relationship, but it is not the only one.
A DVPO is also known as a 50B, a term which refers to the chapter in the North Carolina General Statutes governing civil actions related to domestic violence. Although it has limitations, a 50B is a powerful tool in the fight against domestic violence. These restraining orders can require an abuser to stay away and have no contact with the victim. The defendant might be ordered to leave the shared residence, and the victim may receive temporary custody of children, at least until a safety plan can be established. In 2022, our Crisis Unit filed 254 DVPOs, assisted with 110 filed by others, and provided consultation, enforcement, or ancillary service related to 108 DVPOs from other counties and states.
Of course, not everyone we help needs, wants, or qualifies for a 50B. Therefore, the Crisis Unit provided information and referral, advocacy, assistance with criminal warrants, emergency response, and other forms of supportive services to 1,272 additional people last year.
Two full-time law enforcement officers assist Amber. Deputy C. Faircloth has primary responsibility for serving and enforcing DVPOs and/or release conditions established by a judge in a criminal matter. Faircloth also monitors the communications of detention center residents who have been ordered not to contact their victims. Often, newly arrested people make a phone call to the victim in their case almost immediately upon entering the facility. Many continue to do so, despite judicial orders prohibiting such contact and multiple phone system warnings advising that all calls are monitored and recorded!
Deputy C. Miller provides supplementary services through the EASE program, an acronym for Empowerment, Advocacy, Safety, and Enforcement. A Governor’s Crime Commission grant supports this program. Who wrote the grant application? Why, Amber, of course! Functioning as a liaison with the District Attorney’s Office and the District Court Judges who hear these cases, Deputy Miller communicates with victims and collaborating agencies, addresses safety and lethality concerns, and facilitates supervised custody exchanges.
The National Advocate Credentialing Program recently certified Amber as an Advanced Comprehensive Victim Intervention Specialist in domestic violence, sexual assault, child abuse, and human trafficking. Beth Posner, Clinical Associate Professor at the UNC School of Law, wrote a letter in support of Amber’s application for this credential. She said, “Amber creates the docket and sits next to the clerk and the judge, demonstrating the profound role advocacy can play in a courtroom when an advocate has earned the respect and admiration she has within our civil and criminal justice system.” Moreover, the Hillsborough Exchange Club, an organization dedicated to the prevention of child abuse, paid the fee for Amber’s credentialing application and provides emergency supplies for victims. This robust community support speaks volumes.
In any emergency, call 911. If you are not in immediate danger, but experience violence or abuse within your relationship, contact our Crisis Unit at (919) 644-3050 or by clicking the Crisis Unit tab on our homepage (www.ocsonc.com) and selecting “Request Crisis Unit Contact.” Walk-in service is also available Monday through Friday. Amber and her team are ready to help.
December 28, 2022
#43, Year in Review
As regular readers of this column know, I am passionate about my chosen profession. Although many people ask, “Why would anyone want to go into law enforcement?” I think the better question is, “Why would anyone want to do anything else?” I can’t think of another career with such a variety of meaningful ways to serve. I will share my Year in Review as a way to illustrate my belief.
In January, we hosted the inaugural Jail Administrators Institute of Leadership. This intensive program covers all aspects of Detention Center administration, one of a Sheriff’s most important and complex duties. Improving day-to-day operations of these facilities impacts the health, safety, and mental well-being of thousands of people across the state.
In February, cadets from our eighth Basic Law Enforcement Training (BLET) academy graduated and entered the profession. We also enjoyed working with Correction Enterprises as they delivered and installed new furniture, built by prison inmates, for our patrol room. This program benefits the state of North Carolina, offenders who learn valuable job skills, and customers (like us!) who receive quality products and professional design, build, and installation services.
My wife Lisa and I welcomed our second grandson Bryson in March. He and his brother Hunter are unending sources of pride and delight. Meanwhile, deputies partnered with SafeKids and collected more than 90 pounds of expired, unwanted, or unnecessary medications during National Poison Prevention Week. Because young children are often harmed when they consume medications the adults in their lives have forgotten, this partnership is very meaningful to me as we strive to keep kids safe from preventable injuries.
In April, all three of our K9 partnerships successfully recertified through the International Police Working Dog Association, despite a significantly more difficult suspect apprehension evaluation. This accomplishment firmly establishes the credibility of these amazing dogs. Also in April, we booked the first inmate in to our new detention facility, replacing a 97-year-old building. We can now more efficiently serve the safety, security, and human service needs of those placed into our custody. Here’s a random but interesting fact – at lunch today, we prepared food for the 800th time in our new kitchen, and based on our 88-person average daily census, we have now served 70,800 meals!
On May 13, Deputy J. Duncan Nichols posthumously received long-overdue recognition for his 1904 line-of-duty death. Members of my staff accompanied two of Nichols’ great-grandsons to Washington, DC where they viewed the inscription honoring his sacrifice on the National monument to fallen law enforcement officers, and they listened to his name (and 618 others) read aloud at the annual candlelight vigil.
The South Orange Rescue Squad (SORS) celebrated half a century of service in June. I was honored to speak at the celebration; this event carried extra meaning for me. SORS provided emergency care to my now-deceased father on more than one occasion, and I remain grateful for their skill and compassion.
My staff joined scores of law enforcement officers from across the region to witness a Highway Patrol trooper, electrocuted while responding to a tornado call back in May, walk out of the hospital under his own power in July. The strength of the law enforcement bond is why I was so honored when my peers in the North Carolina Sheriffs’ Association elected me president at our annual meeting at the end of that month. It is a pleasure to serve with and for them in this role.
Various employees became certified Detention Officers and completed intensive Crisis Intervention Training in August, showcasing our commitment to continued improvement through training and education. We also hosted an appreciation breakfast for bus drivers as the new school year began. This tradition is one my mother started, and after her death earlier this year, it took on even greater significance to me.
In September, we happily resumed our popular Citizens’ Academy after a two year COVID-induced hiatus. We also leaned on each other for support after one of our newly retired deputies, and a friend to us all, died by suicide. We are committed to checking in on each other more, and we encourage our community to do the same for their loved ones.
We successfully resolved one of the most high-profile cases of my career in October when we presented to the court the juvenile accused of murdering two teens. I am so proud of our Criminal Investigations Division. They maintain a 100% solved rate on homicides occurring during my tenure.
Though unopposed, winning re-election in November felt great; I never take voter support for granted. Immediately following the elections, we hosted the Sheriff’s Leadership Institute (SLI), a training program for newly-elected Sheriffs in the state (33 of 35 attended). We also hosted the graduation for our ninth BLET class. Who knows? Maybe one day, one of our graduates will attend SLI!
December is always busy! We assist many groups with their toy and food distribution efforts, participate in multiple parades, and partner with the schools to fulfill holiday wishes for 25 children at our annual Shop with the Sheriff event, the brightest highlight of our year.
Meaningful work. Variety. Excitement. Camaraderie. Law enforcement is a great profession, and it has been an interesting, rewarding year. Best wishes to you and yours for 2023!
November 30, 2022
#42, Election Reflections
Earlier this month, voters elected me to serve a third term as Sheriff of Orange County. I appreciate their renewed support. Next week, my staff and I take our oath of office for the following four years. We will continue working toward a future where everyone is secure and able to move freely about as they live, work, raise their families, and age in place with dignity and support.
Looking back, I can see that our priorities at the beginning of the last term shaped our accomplishments. I can also see the impact of two events we did not anticipate: a global pandemic and the killing of George Floyd. COVID-19 impacted every aspect of life, and Floyd’s murder highlighted the pervasive nature of racism. Both altered our work. We created flexible and virtual ways to provide services, drastically reduced the population in our detention center, and examined our policies and practices in collaboration with the local NAACP chapters. The Orange County Sheriff’s Office will continue to provide responsive, accountable, and professional law enforcement in spite of difficult challenges.
One of our priorities four years ago was to develop leadership for the future. Toward this end, we flipped the organizational chart. It now reflects my belief that those with the most public contact (those serving in the detention center, courts, crisis unit, community outreach division, on patrol, in the schools, as investigators, and at the front desk) are the most important faces of this agency, and they belong at the top. Therefore, my command staff and I are at the bottom, reminding us we support their efforts. We also grouped personnel into four divisions headed by majors, providing new leadership opportunities.
Another goal was to implement a body-worn camera program. I am happy to report that despite concerns about cost, storage, battery life, and possible impact on morale, we established this program, and it vastly exceeded our expectations. The cameras preserve visual and audio details of interactions from the deputy’s point of view. There are many advantages. For example, investigators can see exactly what the responding deputy saw. The recordings help to assist supervisors when reviewing complaints, and our field trainers use them to gain insight into new employee performance.
Four years ago, we promised to strengthen communications with the public, and we have made tremendous progress toward this goal. We hired a public information officer who writes press releases and serves as a liaison to members of the media. We also revamped our website; developed a phone app; started this monthly column; expanded our use of social media; produced multiple videos; created and organized an image library; and improved our crisis-communication efforts.
One of my favorite initiatives has been the growth of our Citizens’ Academy and volunteer program. The Academy provides an in-depth look into our office, examining the roles, responsibilities, equipment, techniques, and facilities of each division. Through guest speakers, field trips, and experiential learning, we teach participants about the breadth of our services, and we explore the often complicated and nuanced ways our work intersects with other systems, agencies, and departments. Graduates qualify to become volunteers with our office, either in the Sheriff’s Office Community Organization or in the VISION (Volunteers in Service in Our Neighborhoods) program.
With the help of the County Manager and the Board of Commissioners, we designed, built, and opened a modern detention facility to replace our 97-year-old jail. The 48,900-square-foot facility is less crowded and has improved safety and security systems. It also features a properly equipped kitchen, better medical facilities, nicer visitation areas, and a breakroom for employees. Two workrooms within the secure part of the facility allow those confined in the facility to receive education and specialized programming to help them eventually make a successful transition back into the community.
I also want to highlight an innovative outreach tool we debuted mid-term. I commissioned a public opinion poll to solicit insight about the priorities and interests of a cross-sectional sampling of Orange County. This poll identified voters’ desires, helped me make decisions regarding service priorities, and provided data to support those choices. Nothing in the poll, however, affects how we respond to violent crime and carry out our constitutionally prescribed duties. This exercise was so valuable that we intend to repeat the poll during the upcoming term to ensure our delivery of discretionary services remains aligned with the interests of those we serve.
I am excited for my third term. Thank you again for your support!
October 26, 2022
#41, Citizen's Academy
When you see a law-enforcement vehicle race by with lights on and sirens blaring, do you wonder where it is going? Do you enjoy police shows on television and wonder if they are realistic? Are you intrigued by radios, body-worn cameras, and forensic science?
I am happy to report that after a COVID-19-induced hiatus of more than two years, we recently resumed hosting our Citizens’ Academy. Participants meet on Wednesday nights to learn about all aspects of their sheriff’s office in this eight-week program. I say “their sheriff’s office” deliberately. This is not MY office. It is the office of the people who elected me to represent them.
Born out of the idea that we want to tell our story to the public we serve, we started the academy in September 2017. People want to know where we go, why we go, and what we do when we get there. The Citizens’ Academy is designed to answer those questions and more. We offer an in-depth look into the many divisions at our office. Class members learn about the duties of a patrol deputy, the techniques of a criminal investigator, and the complexity of civil process. We introduce them to our courtroom responsibilities and take them on a tour of the county detention facility. They also take a field trip to the 911 communication center, hear about our Crisis Unit, and listen to a presentation by school resource officers. Without exception, each class reports they had no idea how much we do, and how complicated and nuanced it is to provide the comprehensive services a sheriff’s office offers.
The Academy is informational, and it is also experiential. On the first night, after introductions and an office overview, class members drive our golf cart through a cone course wearing special goggles that simulate the perception of a drunk driver. A few weeks later, investigators will teach about evidence collection and crime scene techniques, and challenge students to collect clues and develop suspects by processing a mock crime scene. On the night the students learn about criminal and constitutional law, they will have the opportunity to use the Shoot/Don’t Shoot training simulator. This technology presents users with realistic situations that require them to make complicated decisions under pressure. Do they shoot the suspect before he shoots them? Or wait – was the object in his hand actually a cell phone?
Short of actually working here, the Citizens’ Academy is the very best way for a person to develop a comprehensive understanding of what we do and how we function. Ten students are currently enrolled; our alumni include seventy-one others. We enjoy the opportunity to bridge the gap between our office and community members. We find people have preconceived and often inaccurate perceptions about the law-enforcement profession and the people who work within it.
Academy organizer, Lieutenant Daniel Roberson, reports the most rewarding part of the process for him is repeatedly hearing from participants that they are astounded when they learn how multi-faceted our work is and how many initiatives and partnerships we have geared toward improving the quality of life in Orange County. He looks forward to starting a youth academy for teens and young adults considering a career in law enforcement. We think they, too, will be surprised and excited to learn how many different specializations a person can develop within a law-enforcement career. For example, we have drone pilots, K9 handlers, a tactical unit, and traffic-enforcement specialists.
At the end of the class, participants are invited to continue their association with the office through our VISION (Volunteers in Service in Our Neighborhoods) program. This group works with us at community and ceremonial events, helps out in the office, and raises funds for special projects, such as the equipment we use for our Lifetrack program.
Our current class represents a broad range of life experience and professional accomplishments. One student is considering possible career paths after working as a registered nurse. Another is a former police officer and evidence technician who enrolled because he wanted to learn about recent changes and new approaches in the profession. A third person joined the class after moving to the area. He felt attending would be a good way to learn about the Hillsborough/Orange County community, and he wanted to understand more about the difference between a police department and a sheriff’s office.
If you would like to apply for an upcoming Citizens’ Academy, please email Lt. Roberson at troberson@orangecountync.gov.
September 28, 2022
#40, Social Media
My mother taught me that if I couldn’t say anything nice, I shouldn’t say anything at all. Bernard Meltzer, the former radio host of a long-running advice call-in show, went farther down this path when he said, “Before you speak, ask yourself if what you are going to say is true, is kind, is necessary, is helpful. If the answer is no, maybe what you are about to say should be left unsaid.”
Since the tragic murders of Devin Clark and Lyric Woods, I am not sure if there is any place these pieces of advice are more needed than on social media platforms. Many people posted comments that would fail Meltzer’s test.
The Sheriff’s Office has a social media presence for many reasons, chief among them to connect with our community. We post our press releases, provide traffic alerts, educate people about current scam activity, showcase the success of our deputies, detention officers, and staff, and let the community know when we are hurting. We find that efforts spent building this community pay dividends when we need to communicate about emergencies like dangerous weather events or road closures, and seeking assistance to identify a suspect or to help locate a missing person.
However, social media is a double-edged sword; nowhere has this been more evident than with the recent case involving the murders of Devin and Lyric. We saw many mistruths about the case posted, particularly on Facebook. Some were minor, such as the repeated fallacy that trail cameras recorded relevant footage of the crime. They did not. Others were quite harmful and damaging, full of false allegations that family members of one of the victims committed the crimes. This myth persisted even after investigators sought a juvenile petition against a 17-year-old-suspect.
Many comments were unkind. People called some commenters names or criticized the grammar of others. Many people wrote as if they had knowledge or inside information to add to the conversation, but they were incorrect about facts of the case, matters of juvenile law, the number of people involved, when an AMBER Alert can be issued, and who owned the land where the bodies were located. These assertions certainly were not necessary.
Social media has a very important place in our collective discourse, but everyone should remember these platforms are not news sites. Reporters from sanctioned news outlets generally follow journalistic standards, among which are that facts must be checked, sources must be verified, and opinions should be reasonably identifiable as such. In other words, journalists endeavor to be truthful, timely, and transparent with what they present to the public. A person commenting on social media has no such obligations and sometimes no such intent.
In my opinion, social media comments overall likely have intensified the grief of those who knew and loved Devin and Lyric. Here at my office, plowing through comments to search for relevant information or leads has been a time-consuming drain on resources. Although we are tough and can take it, reading unkind posts about our competence, motives, and ethics as we mine the comments for useful information is not a neutral endeavor. I, for one, have never found the old adage about sticks and stones to contain much wisdom. Words do have power, and they can hurt. That said, we are thankful for those who express faith in our abilities, gratitude for our efforts, and empathy for the unspeakable difficulty of the work we do, especially when investigating a case as tragic as this one.
As is well known, we are seeking to apprehend a 17-year-old suspect. Juvenile law prohibits us from saying more. This prohibition is not a recommendation or a suggestion. It is ironclad. We know people are confused, scared, angry, and hungry for information. Even so, we are unable to share additional information with the families of the victims, we cannot talk to mainstream media outlets about details, and we will not post specifics on social media platforms. Once apprehended, the suspect will maintain an absolute right to complete confidentiality while the case remains under the jurisdiction of the juvenile court. This protection will be hard for people to accept.
Although the public is anxious to learn more details, pressure from social media does not alter the law we are sworn to uphold. When we communicate with those we serve, we do our best to be professional and kind, working always to build trust. We will continue to do so.
