The Lowdown Archive

Last month, I wrote about the benefits and difficulties of a public safety career. My life’s work is in a valuable profession, one with job-security and the incredible opportunity to make a difference in the lives of others. In this month’s edition of The Lowdown, I am going to address the initial training necessary to begin such a career.

As sheriff, I am responsible for enforcing laws, investigating crimes, providing for security of county courthouses, serving civil process paperwork, and the overall safety of Orange County. Additionally, I am responsible for the operation of the county detention facility, more commonly known as the jail.

Deputies help me carry out the former functions and detention officers provide for the safety and well-being of those in my custody. Each role requires a specialized training program. Detention officers complete a five-week program, Basic Detention Officer Training (BDOT), while deputies receive their certification upon the successful completion of a 20-week Basic Law Enforcement Training class commonly called BLET. The North Carolina Sheriffs’ Education and Training Standards Commission is responsible for both certifications. I hire deputies with experience serving in other agencies as well as people brand new to law enforcement. New, uncertified hires initially serve in the detention center. Within a year, they are required to attend and successfully complete BDOT where they receive twenty-two separate blocks of instruction, including crisis intervention, preventing and responding to facility emergencies, conflict resolution, and the management and supervision of offenders. Once certified, they return to work in the detention center. After a year or so, an interested detention officer can ask to be considered for BLET, or they may continue to serve in the jail.

Shortly after I became Sheriff, we started our own BLET academy. We felt it best for our community if cadets received training from people who understood the dynamics and needs of our region, and we knew we had talented instructors. Together with Durham Technical Community College, we created an academy pitched to a philosophical sweet spot. An overly militaristic program would not be conducive to our brand of friendly, trustworthy, and approachable service, but we still wanted to create a program with a standard of unwavering excellence. After seven years, our academy enjoys an excellent reputation; we recently began teaching our eighth class of cadets. These cadets face a rigorous program of academic work, practical skill building, and physical fitness training.

I generally welcome the cadets early in the program; they don’t see me again until the school director and the training coordinator tell me, “We have our class.” By this, they mean the students who are unable to handle the rigor have washed out, and those capable of completing the course have gelled as a unit. At this point, I return to campus and present them with the class football, which is the outward symbol of my faith in them. The class leader protects the football for the rest of the course and returns it to me at the graduation ceremony. The football I will soon present to Class 8 is as pristine as it was on the day I gave it to Class 1.

In addition to training cadets who will work for the Orange County Sheriff’s Office, we enroll students from neighboring jurisdictions. The current class has students from my office, Person County Sheriff’s Office, Carrboro, Chapel Hill, and Duke University Police Departments. Each class has a motto, and each maintains a memory wall. On the wall, members paste a short tribute to every law enforcement officer who dies in the United States performing his or her duties during the duration of the class. This is always a very sobering list, but a powerful reminder of the importance of service and the willingness to sacrifice.

Many cadets are employed by an agency during their time in the academy, as is the case when my detention officers seek to become deputies. Others come to the academy on their own time, but under the sponsorship of an agency. A sponsoring agency conducts the background check and certifies the student meets all requirements. Although sponsored students have tuition waivers for program costs (approximately $2,400.00 for an in-state student), they must buy their own books and uniforms, and there is no promise of employment. Our academy, however, enjoys a reputation for graduating law enforcement professionals dedicated to doing the right thing, at the right time, in the right way, for the right reason; graduating cadets generally have no trouble finding a position in our area.

If you think you might be interested in a rewarding career, please come see me. I’d love to tell you more about how you can get started.

Recently, several news reporters have inquired about our profession, our staffing levels, and whether we are finding it difficult to hire and retain deputies. Let me give you The Lowdown on these important and interconnected issues.

I often hear about local agencies operating with severe personnel shortages. In contrast, my office is well-staffed. We only have two open positions for deputy sheriffs. We have not needed to post openings or actively seek candidates; however, we are constantly looking for the best and the brightest. My team is aware that we are all passively recruiting every day through our actions, our social media, our web page, our phone app, our videos, and our presence at community events. Often people end up applying here after asking a deputy about his or her job. Still more apply when I or a member of my command staff notices someone in the community with strong interpersonal skills or a good work ethic and we inquire, “Have you ever thought about working in law enforcement?”

Since August of 2020, we have hired six experienced officers who came to us from other agencies. Meanwhile, we gained six new deputies in June following their recent graduation from our Basic Law Enforcement Training Academy. It is nice to have a mix of veteran and new deputies. One group brings experience and an understanding of what it really means to be a sworn public safety officer; the other brings new energy and an eagerness to learn to protect and serve “our way.”

There has been plenty of media coverage about bad police officers and the “hardship” of increased public scrutiny under which public safety professionals currently work. I encourage my employees to adopt a different mindset. I think this is a fabulous time to begin a public service career. This job is complicated and difficult, and there are many people who see the uniform and make incorrect judgements about the content of the wearer’s character. We can’t do anything about either of those facts. However, we can dedicate ourselves to doing the right thing, at the right time, in the right way, and for the right reason. When that is the goal, the job is in many ways a simple one, and it is an extremely rewarding one. We recognize the golden opportunity we have to exceed expectations every day, and to change incorrect judgements into positive opinions.

There are also practical matters which make serving the community as a deputy an inviting prospect. Law enforcement is a professional career. Although a college education is beneficial, it is not required. Once hired and trained, there is room for an individual to explore his or her interests and move into a more specialized role. For example, some of our deputies are K-9 handlers; others are drone operators, evidence technicians, members of our motorcycle unit, and crime scene investigators. Deputies receive a competitive benefits package, a career ladder, and a pension plan.

Don’t get me wrong. I am not trying to sell law enforcement as all rainbows and roses. It is not. Deputies face repeated exposure to critical incidents. Responding to death scenes, domestic calls, car crashes, and violent crimes requires one to suppress personal feelings in order to carry out the responsibilities of the job. Encountering the unpredictable behavior of mentally ill individuals or people impaired by substances is difficult. Serving during a time when people doubt your ethics, your integrity, and your motivation can be draining. All of these things are difficult to share with loved ones, in part because we don’t want to expose them, even second hand, to the darker underbelly of community life. Therefore, my command staff and I work hard to provide support and resources to help our people cope with these challenges.

My life’s work is in a valuable profession, one with job-security and the incredible opportunity to make a difference. One of our new deputies talks about looking forward to the tiny moments – the near daily opportunity to help, direct, comfort, reassure, counsel, or support during both routine encounters and difficult times. Even when we write a citation or arrest someone, and the interaction is not pleasant, we know our work is making other people safer.

There’s an old adage that everyone is selling something. I certainly am. I sell community confidence and safety, and I’m always looking for people to help me do it.

I first met Troy Manns at a Mental Health Legislative breakfast many years ago; he was the keynote speaker. Troy is a Peer Support Specialist, certified in Substance Disorders counseling. He is also a person in long term recovery from substance use; he therefore has critically important lived experiences. I introduced myself to him after hearing his inspiring story, and we then met on several other occasions.

When voters first elected me Sheriff in 2014, Troy was the first person to come visit me in my new office. Troy had a vision, and he wanted me to see it, too. Working at the time at Freedom House, he was a liaison to the Orange County Recovery Courts. He kept seeing the same people return to the detention center. He felt certain we could reduce recidivism by providing substance use services to incarcerated people.

Troy was right to come to me. As the Sheriff, I was now responsible for the safety and well-being of every person in Orange County, including those in the detention center and those attempting to adjust to life after incarceration. Obviously, it is in everyone’s interest if people can manage this transition without reoffending or resuming harmful substance use. Troy sold me on the importance of meeting people where they are and helping them move to a better place.

With Troy’s guidance, my office partnered with the county’s Criminal Justice Resource Department (CJRD) and formed Foundations for Hope (F4H). F4H is an evidence-based model utilizing peer support to motivate recovery among inmates at the Orange County Detention Center who have substance use and/or mental health issues. Nationally recognized recovery materials are used to help inmates build their personal toolkits to use during times of stress and temptation. The goal is to equip participants with useful information, strengthen their decision-making skills, and provide them with support so that upon their release they are able to engage positively in the community and eliminate behaviors that could cause a repeat offense.

Allison Zirkel, a licensed clinical social worker and addiction specialist, works with the CJRD. She screens interested male inmates for voluntary participation based on the following criteria: a diagnosed substance use disorder, a demonstrated commitment to recovery, a sentence or period of pretrial detention of more than 60 days, and the recommendation of Detention Center administrators. Since program inception, Ms. Zirkel has referred 53 people to F4H. If space allows, the inmate will ideally reside with other program participants in a designated cell block, and they attend twice weekly recovery group sessions. The program includes problem-solving workshops, wellness recovery training, relapse prevention, positive self-advocacy, motivational and mindfulness instruction, expressive art therapy, and introduction to outside supports.

The introduction to outside supports is critical. Also known as a warm-handoff, such a practice increases the likelihood that people will follow up on referrals to available services. The barrier to entry is lower when the client already has a connection with someone on staff, knows where the office is, and has a plan to address logistics such as transportation. Reducing this type stress also minimizes the likelihood a program participant will sabotage his own success by finding a reason not to seek the services he so desperately needs.

When a F4H participant is released, he receives a referral to the Josh’s Hope Foundation, which offers community supports and assistance with the transition back to community life. Some participants receive vocational training or internship opportunities, and ideally, all will continue in F4H community-based peer recovery support groups. During the post-release period, participants receive up to 12 months of reentry assistance and support. During this time, outcomes are recorded for program evaluation.

Of course, COVID-19 altered service delivery. The detention center housed less people and representatives from outside organizations were not allowed into the facility. Mr. Manns also took a new job with Recovery Communities of North Carolina. Their mission is to promote addiction recovery, wellness and citizenship through advocacy, education, and support. However, he still serves the local community with his participation in the Local Re-entry Council, the Justice Advisory Council, and the Orange County Behavioral Task Force. As F4H gears back up, Troy’s influence is still felt in the local recovery community.

I’m glad Troy was the first visitor to my new office. He helped me embrace his vision. We now provide recovery services while a person is in our facility and re-entry assistance when he leaves. These efforts have lasting impacts on the safety and well-being of every member of our community.

This month, three interns completed semester-long experiences with my office. I want to tell you about them and encourage other students to consider coming to learn and grow with us.

Kayla Kaminski had the most specialized experience of the three, coming to us with a strong interest in family services or assisting those experiencing domestic violence. As part of her degree requirements at Greensboro College, she worked with us four days a week, receiving four hours of academic credit.

Serving almost exclusively with our Crisis Unit, Kayla learned about electronically filing domestic violence protective orders. She assisted Amber Keith-Drowns with domestic violence court and direct service to those affected by intimate partner violence. She also observed the judicial process in action as Deputy Faircloth served orders on defendants. Required by her program to complete a project that would benefit the office after her internship concluded, Kayla worked with Investigator Woodlief to create a spreadsheet tracking the inventory of sexual assault kits and serving as a database for communication with survivors. Kayla worked two extra weeks with us because she didn’t want to leave. She found “there was never a wrong question to ask,” and she reported “There is a lot of passion and respect here for the people we serve.”

Terrance Higgins-Keziah, also interned for course credit, working an average of 28 hours a week while also taking on-line courses before graduating with a BS in Criminal Justice and a minor in Russian Studies from East Carolina University. He wrote a summary of his experience in the form of a thank you note to Lieutenant Whitehurst, through whom Terrance arranged his internship. My favorite line of that letter was, “I truly believe there is something magical about your agency.” What a compliment!

Terrance learned about the nuanced civil process laws, helped people with weapon permit applications and background checks, gained insight into domestic violence, observed some of the technology used by our evidence technicians, rode with patrol on night shift, observed a death investigation, and field tested an instruction manual Investigator Baldwin wrote for our 3D laser camera.

When asked if he had any advice for future interns with the office, Terrance said, “When I started, and this is applicable to life in general, I wish I knew to be more self- initiating…a lot of what ended up being most valuable started with me asking. Reach out to people around you – everyone is here for your benefit.”

Our youngest intern, Moses King, 17, attended East Chapel Hill High School before receiving his GED. His goal is to become an officer in the United States Marine Corps.

I met Moses while we were in his neighborhood investigating a threat to public safety. This was shortly after George Floyd’s murder; Moses reports his parents “freaked” to hear he had an interaction with law enforcement. Moses’s father came to see me a few days later, and together we agreed Moses might benefit from an internship with my office. Frankly, Moses was not very happy about the arrangement! 

Moses now reports he didn’t think law enforcement officers were approachable – he thought they were almost robots. I am so gratified he learned, in his words, that we are “actual people who care about you.”

Moses became a valuable member of our team, helping answer inquiries at the front desk and fingerprinting people who needed that service. He had a particular interest in learning about patrol vehicles and the wireless technology involved with the lights and sirens. He therefore spent time working with Captain Fearrington and visiting the motor pool.

In addition to exploring technology, meeting all sorts of people, and learning different perspectives, Moses found his experiences here were a catalyst for discussions with his friends, who generally had negative preconceived notions about law enforcement. Moses reports his friends have softened. He says when they see a deputy now, they think, “There go Moses’s people.”

Moses will have an internship with a police department in Rwanda this summer. When he returns to the states, he will attend the Citadel this fall. I can’t tell you how proud I am to be one of Moses’s people!

If you are considering an internship with our office, please explore our website and learn more about us. Of particular interest might be two videos you will find at www.ocsonc.com/video. If you think there is a place for you here, please contact me or Lt. Whitehurst. Let’s talk about whether we can design an experience to help you achieve your goals.

We seem to be responding to calls regarding mental health with increased frequency. More and more, we hear from community members who feel law enforcement should not be involved in these situations at all. Those who feel this way may not realize the Orange County Sheriff’s Office is much more than a law enforcement agency, and arrest is not the only tool we have at our disposal.

Patrol deputies at a modern sheriff’s office certainly do protect the community by investigating crimes, enforcing traffic regulations, and arresting those who have broken the law. However, a deputy’s duties are much more comprehensive. We also serve as emergency medical responders, public servants, peace keepers, referral sources, property checkers, overdose reversers, regulatory agents, negotiators, and mediators.

We all know that a mentally ill person often needs treatment more than they need to be arrested. We also know there are not enough mental health beds or services in this country, especially for people of low wealth or those who are under insured. People in mental health crisis sometimes make decisions they would not make if they were well. Sometimes these choices result in criminal offenses, actions that pose grave risks to self or someone else, behaviors that make others uncomfortable in public spaces, or choices that victimize other people.

Frankly, my deputies are called to mental health crises because we are available 24/7/365, we are mobile, and we have a highly efficient dispatch system. Who else has the infrastructure we do? If a mentally ill person knocks on your door, perhaps half-naked, talking about aliens practicing mind-control techniques by beaming proton lasers through the electrical outlets, who else are you going to call? What if your depressed teenager won’t come out of his or her room and you realize the handgun you keep in your night table drawer is now missing?

Deputies are not mental health clinicians, but they are trained in de-escalation and crisis intervention techniques, they have the necessary statutory authority to transport subjects to a medical facility, and they are trained in best practices for safely containing violent behavior if needed. At present, we are the professionals most readily available and best suited to step into the service chasm in our mental health system, and we have the best chance of helping someone become a patient, not a defendant.

All that said, we hear our community is asking for something different, something more, something better. So far, however, the conversation seems to be about taking emergency response away from us, without proposing viable solutions for creating an alternative infrastructure and system for appropriately meeting the acute needs of the mentally ill while simultaneously protecting the public.

Therefore, I am creating a Mental Health Response Unit (MHRU) within the Orange County Sheriff’s Office to more specifically tailor our service to the needs of people with mental illness who are in crisis. This unit is in the development stage, and we are looking for clinical partners. The deputies staffing the unit will have specialized training in verbal judo, crisis intervention, hostage negotiation, and mental health first aide. Additionally, one of the assigned deputies will be a drug recognition expert, one of a handful across the state trained to recognize not only that a person is under the influence, but also able to identify with great accuracy what drug is responsible for the person’s impairment. This knowledge can inform appropriate response.

Deputies assigned to this unit will drive vehicles with subdued graphics and wear uniforms with elements identifying their special focus. MHRU deputies will have rotating schedules, concentrating where possible on Monday, Thursday, and Saturday, the days on which we responded to mental illness emergencies most often in 2020. Among their goals will be serving as resource professionals for community members concerned about the mental health of a loved one. They will also intervene in mental health situations before they develop into criminal ones, and before others become victims. Additionally, they will strive to connect those in need with appropriate mental health treatment resources in Orange County.

Please let me hear from you with your thoughts. As stated above, this is a new initiative I am developing. I hear that people do not want “law enforcement” responding to mental health calls, but until there is another system operating in the breech, the responsibility to respond remains mine. I will not ignore it, but I will definitely try to respond in a manner consistent with the values of this community.

In January, I reviewed the criminal processes used to compel defendants to appear in court. Last month, I discussed the initial appearance hearing during which a magistrate sets conditions of pretrial release. In this final installment of the three-part series, I review current reform efforts aimed at making the Orange County bail policy fair and equitable.

Our criminal justice system holds a defendant is innocent until proven guilty; therefore, punishment is not supposed to begin until conviction. The purpose of bail is solely to ensure the accused’s appearance in court; no one should be held in jail simply because they are unable to afford bail. Such a practice would unfairly advantage wealthy defendants and essentially criminalize poverty. Unless the accused poses a threat to public safety, is likely to destroy evidence or intimidate witnesses, or seems likely to flee, he or she is entitled to freedom until convicted by the court system.

Of the criminal processes used to compel someone to court, citations and criminal summonses do not require arrest, thereby automatically removing pre-trial incarceration from the equation. We encourage deputies to use a citation in lieu of arrest when possible, effectively placing the matter into the court system without depriving the accused of his or her liberty. Likewise, when magistrates hear testimony about an alleged crime, they are encouraged to use the least restrictive method to compel the defendant to answer to the charges. A criminal summons accomplishes this objective without requiring the defendant’s arrest, and is therefore preferable to a warrant.

In cases where a person is arrested and brought before a magistrate, Orange County implemented the use of a Magistrate’s Structured Decision Making Tool in October 2020, making it the ninth county in North Carolina to adopt such a reform. Stakeholders designed the tool to prevent low-risk individuals from being incarcerated simply because they receive a bail amount beyond their financial means. Judicial District 30B (Haywood and Jackson counties) was the first to use such a tool; there, the percentage of cases receiving a pre-trial condition other than a secured bond increased 43.79%. Concurrently, the number of defendants incurring a new criminal charge during the pre-trial period increased by only 1.1% and the number of defendants failing to appear in court increased by only 1-2 percentage points over the levels seen before stakeholders introduced the tool. Additionally, the tool increases decision-making consistency across magistrates, provides necessary documentation for the next level of judicial review, and preserves magistrate discretion.

Another cornerstone of bail reform is the county-funded Pretrial Services program, established in 2016. A case manager from Pretrial Services meets with each newly detained individual in the Detention Center to compile and verify information for judicial officials to use at the initial appearance hearing as they review bail and other pre-trail release conditions set by the magistrate. The case manager uses the Virginia Pretrial Risk Assessment – Revised. This assessment helps determine if a person can be released until the court date without supervision, or which of the four supervision levels will allow for safe management in the community. In many ways, pre-trial supervision resembles probation. Although supervision reduces a person’s individual liberty, it is far less restrictive than confinement in jail, and it seeks to balance the individual’s liberty interests against the community’s right to protection.

Orange County is also investing in a more nuanced approach to responding to defendants charged with misdemeanors who fail to appear in court. Rather than the imposition of a mandatory secured bond and the resulting incarceration if a defendant cannot pay, as of January 19 of this year, the system attempts to provide a “second chance” to those missing a court date for the first time. A decision-making flowchart considers whether the failure to appear occurred because of work obligations, lack of transportation, childcare responsibilities, or lack of notice from the court.

I am the vice chair of the Governor’s Crime Commission, and I serve on a subcommittee tasked with studying best practices for bail reform. We are dedicated to reviewing and improving the entire process rather than mindlessly continuing decades’ old practices. As a bonus, data show that many of these reforms are cost effective for tax payers – it is more expensive to keep people in custody than to monitor them in the community. We have a moral imperative to create fair, safe, and equitable processes that refuse to perpetuate a legacy of disparate treatment based on race or income level.

This edition of The Lowdown is the second in a three-part series. Last month, I reviewed criminal process; this month’s column covers the initial appearance hearing. With this information, I hope readers will have the background necessary for next month’s concluding column about bail reform efforts.

The initial appearance hearing occurs when a deputy or other law enforcement officer brings a person under arrest to the magistrate for processing. The magistrate reviews the criminal charges with the defendant, provides the date and time of the first appearance in district or superior court, and sets the defendant’s conditions of pre-trial release.

A written promise to appear in court on the assigned date is the least restrictive condition of pre-trial release. Ordering the defendant’s confinement to the Detention Center without setting a bail is the most restrictive and can be used in cases of domestic violence or homicide. Frequently, the magistrate will set a bail amount between $250 and $500,000. Magistrates can also impose restrictions on the individual’s behavior, such as prohibiting communication with a victim or being within 1000 feet of a certain location.

It is critical to understand the purpose of bail is to ensure the defendant’s appearance in court, not to punish him or her. Our legal system holds that people are innocent until proven guilty. The system also places value on allowing an individual to assist unhampered in the preparation of a defense. Obviously, it is easier to collect evidence and work with an attorney if one is not confined to the detention center.

More serious crimes usually have higher bail amounts, because serious crimes carry harsher sentences. A defendant charged with serious crimes arguably has more incentive to flee the area and fail to appear in court.

A magistrate might also set a higher bail in cases where the defendant is likely to pose a threat to the victim(s), reoffend, or has no ties to the community. A local defendant charged with a DWI might receive a written promise to appear in court, whereas the magistrate might require a bail amount for an out-of-state defendant. The bail “incentivizes” the defendant’s return for court.

If a defendant’s record shows a history of missed court dates or absconding, the magistrate may determine a high bail amount is warranted. The past failure to appear as ordered may forecast future behavior.

Bail and bond are terms used interchangeably, but there actually is an important distinction. Bail is the amount of money a defendant must pay to get out of jail in advance of the court date. If the defendant complies with all court dates and court’s directives, he or she will receive this money back at the resolution of the case.

If defendants cannot afford the full amount of bail, they may hire a bond agent or have a loved one post a property bond on their behalf. A bond agent charges a percentage, often 10%, of the bail amount. For example, a bond agent might charge $1,000 to post the $10,000 required to secure the defendant’s pre-trial release. This fee is not refundable, and the agent assumes financial responsibility for the bail should the defendant fail to appear in court.

A property bond functions in a similar way – someone posts the value of property against the bail amount. If the defendant fails to show, the court can demand payment from the person who posted the property. If that person does not pay, the court may order the sale of the posted property.

While we all agree that people must be held accountable for their actions when they violate the law, we also abhor the idea of incarcerating or punishing an innocent person. While most people incarcerated in the detention center have a court hearing the next day, at which time a judge reviews and possibly reduces the bail, court is closed on weekends. We should have an equal opportunity to secure our freedom pending trial, but lower income people are less likely to be able to afford bail and therefore more likely to miss work. 

Missing work can cause the loss of employment and a resulting cascade of problems. The results can be catastrophic, and the impacts are often felt by children and innocent family members. Our criminal justice system is seeking bail reform to prevent innocent people from consequences of crimes they did not commit and to equalize the financial impacts of bail across income levels, while still protecting the public from truly dangerous people. I will write about these reform efforts next month.

The criminal justice system is complicated; many people are not familiar with the different components operating within it nor do they understand the functions of each. I want to discuss bail reform with readers of The Lowdown; however, to do this, I feel I should first provide some background information about our justice system to better frame the issues and provide important context.

To some, it might be a surprising realization that my deputies and I do not put people in jail, nor do we let them out. We certainly have an important role to play in bringing people to justice, but as part of a person’s due process protections, only a judge or a magistrate can put someone into the jail, also known as the detention center. In what might be another surprising realization, jail and prison are not synonyms. They are different places with different purposes. In simplest terms, jail is where someone is incarcerated for the safety of the community before his or her case is resolved within the court system. Prison is where a person serves a criminal sentence after he or she is found guilty by the courts and sentenced to a term of incarceration.

There are four different processes a deputy can use to compel a person to appear in court. A deputy uses a citation for low level misdemeanor crimes or violations of local ordinances (for example, littering, public urination, or violation of a noise ordinance). Citations are also used for violations of the motor vehicle code (although most people call these traffic tickets!). The deputy has the authority to issue a citation without appearing before a judicial official. The person cited has the option to pay the associated fines and fees, thereby essentially pleading guilty or responsible to the offense, or to appear in court and present a defense to the charge. Notice that a citation compels a person to court without requiring his or her arrest.

Another process is the criminal summons. To obtain one, a deputy must appear before a magistrate and present testimony under oath about a crime. The magistrate will determine if the deputy’s testimony establishes probable cause that the identified person committed the specified crime. Probable cause is more than a suspicion or hunch, but less than absolute certainty. It must be based on objective circumstances.

A magistrate is an independent judicial official, not employed by the sheriff’s office. If the magistrate issues a criminal summons, a deputy will then locate the defendant and serve the process. The person is summoned to court, but not arrested or taken into custody. If he or she fails to appear on the assigned court date, further sanctions ensue (usually the judge will issue an order for arrest for failure to appear). Primarily used for misdemeanor charges, a criminal summons can also be issued in some low level felony cases. If ultimately convicted of the charge, the accused may face a financial penalty, community service, or a period of incarceration.

The primary distinction between the two remaining processes, arrest warrants and magistrate’s orders, is whether the defendant is present or not when the deputy appears before the magistrate. When an investigation into a crime develops both a suspect and evidence against that person, a deputy will appear before a magistrate to give testimony. If the magistrate finds probable cause that the suspect committed the crime, he or she will enter a warrant for that person’s arrest into a statewide database. Any law enforcement officer who locates the defendant must serve the warrant, arrest the individual, and transport him or her directly back to a magistrate for processing. By contrast, if the deputy catches a person “red-handed” and makes an on-view arrest, he or she will place the person in custody without a warrant, and take the suspect to the magistrate’s office seeking a magistrate’s order. If the magistrate finds probable cause, he or she will process the arrest; if not, he or she will order the person’s immediate release.

In next month’s column, I will discuss the initial appearance hearing at which the magistrate establishes pretrial conditions of release at the time of arrest. I will also explore the purpose of bail and the different types. I will conclude this three-part series with a discussion of bail reform in my March column.

If you enjoy a good understatement, how’s this one? This year has been difficult. However, despite the pandemics of COVID-19 and systemic racism, and in many ways because of them, there have been upsides. For example, we are working with other components of the justice system and involved stakeholders in new ways. These efforts have resulted in innovative approaches and initiatives that are both efficient and economical. We can see this in bond reform and other efforts to lower the population in the Detention Center. These new procedures allow for the effective and safe pre-trial management of alleged offenders in the community. I will write more about this subject in a future column.

For this year-end-review edition of The Lowdown, I asked my staff to reflect on other 2020 upsides.

Captain Nate Fearrington related how much he enjoyed our annual Shop with a Sheriff event. He said, “Even though we couldn’t actually shop with the kids due to COVID-19, we were still able to purchase wish list items and bundle them into Santa sacks for special delivery. It made me feel good to hear employees and other shoppers say how proud they were that we ‘made a way out of no way’ and continued our tradition.”

Tom Parker, one of our IT Specialists, mentioned several highlights. We converted many desktop computers to notebooks, allowing staff to work remotely. He is really excited about SmartForce, a new work management system used to communicate more efficiently across divisions. Additionally, a new database streamlined our training records, and we are preparing to launch a new app, giving the public tools to interface with us directly from their Smartphones. Watch for that in 2021.

Captain Tina Sykes, who directs our School Resource Officer Program as well as the Training Division, noted, “We donated more than 6,200 items of food to the Orange County Schools Holiday Food Drive. We pitted the nine divisions in the office against each other, and the competition was ferocious. It tickled me to see them try to outdo each other, driving up the value of the matching donation promised by the Command Staff.”

Tim Jones, Captain of the Detention Division, answered my query with a personal anecdote. “I had a very unfortunate tib/fib break to my leg, which kind of summed up the year 2020. I was out of work for over a month. I quickly learned the friendships made at the Office extend way past quitting time. From calls, to visits, and of course, food, I was astonished with the amount of caring I received from folks at the Sheriff’s Office and from the wider community.

Ashley Woodlief, a sergeant with the Criminal Investigations Division, noted the year began with the sentencing of John Russell Whit – the long awaited conclusion to a 1998 case in which a lawn mowing crew found the skeletonized remains of a 10-year-old boy. Closing that cold case helped another agency solve his mother’s related murder. Woodlief and her colleagues are pleased that for the fifth year in a row, they solved all new homicide cases, and she is relieved there were only two!

Deputy David Funk is one of our three K9 handlers. He reports the dogs assisted with over 300 calls, located 23 people, found 117 items of evidence, and sniffed out 10.25 pounds of narcotics. Individual highlights included K9 Tres running a successful track following a hit and run, despite the track being almost five hours old. Callie located a suspect from a different wreck who had buried himself and a large amount of narcotics, while Zar helped the Highway Patrol locate a firearm thrown from a vehicle during a traffic stop.

Community Services Division Major Kevin Jones is most proud of the way his division and the Department on Aging collaborated to take the place of the volunteers who usually deliver meals to seniors in the community. “Due to COVID-19, our deputies, in partnership with the municipal police departments, delivered more than 2,000 hot lunches, emphasizing the ‘serve’ part of our duties. We also coordinated the distribution of more than 2,200 food boxes, and we delivered more than 2,000 meal kits donated by Food Lion.”

My Chief Deputy Jamison Sykes summed it up well. He said, “This was a hard year, and a strange year. We are ending it tired. But it’s the good kind of tired; the kind where you know you worked hard and you will sleep well, and you are excited to see what tomorrow will bring.”

I’ve spoken before in this column about musician James Taylor who said, “You actually have to really defend your time in order to have a long thought.” As Sheriff of this vibrant and engaged community, I’m a busy guy. Time for the valuable long thought is not always easy to come by, but I try to find it when I can.

I attended the North Carolina Sheriffs Association (NCSA) conference earlier this month, and the drive to Atlantic Beach was one such opportunity. I had miles and miles to be alone in my head and reflect on this year, the community I serve, and the Thanksgiving holiday.

Others have said much about the difficulties of 2020. I certainly agree, but my focus today is gratitude. I used my long thought time to do some blessing counting. I started by looking backward. My parents built a foundation of love, support, and encouragement. They always stressed the importance of being respectful of others. My teachers and coaches shared practical and philosophical lessons I continue to use. I am grateful for these positive influences.

I then thought about my family life and personal blessings; I am especially grateful for my children and my wife Lisa. As you might imagine, a Sheriff is never off duty. Many conversations and meals with my wife are interrupted by calls or texts, and our plans are frequently altered or canceled. Mind you, I am not complaining – I am celebrating Lisa’s constant ability to provide flexibility, tolerance, and support. I also want to celebrate my mother’s return to health after surgery for a broken hip. This year also brought me one of the happiest blessings ever – our grandson. Watching him grow and thrive is an endless source of delight, and I love seeing our daughter and his father blossom as parents.

The people who serve with me at the Sheriff’s Office are stellar. I hope their professionalism, dedication, and commitment to the health and safety of this community are as evident to you as they are to me. One of the hidden blessings of COVID-19 has been the opportunity to see them demonstrate the ability to be flexible in the face of uncertainty and adapt their service to the emerging and changing demands of a pandemic. Additionally, they grappled with shock and outrage caused by the Minneapolis police officers’ killing of George Floyd. They stood tall against the notion that all law enforcement officers behave that way or tolerate such behavior in their coworkers. It is a profound blessing to lead people who are proud to serve and willing to bear scrutiny because they have confidence in themselves and each other. They trust the work we do and the way we do it. They believe public scrutiny will help us continually improve, and allow our community to see both our integrity and professional approach to service.

Finally, I spent time on my drive thinking about one of the biggest blessings of all, which is that the people of this County placed their trust in me to serve as their Sheriff, first in 2014 and again in 2018. I look forward to continuing to serve in that capacity, especially now, during this time where we are being asked to work on real and lasting change within the criminal justice system. This is a unique county, full of people also dedicated to service, change, and growth. As a younger man, I thought communities were primarily different only in their geography or population. But over the years, I have come to realize communities have distinct personalities. I understand so much more than I used to about how profoundly fortunate I am to live and serve here in Orange County. I appreciate what an asset it is to have a world-class university contributing to our quality of life and our vibrancy. Our elected leaders are committed and compassionate. We have an astonishing array of non-profit agencies working steadily to improve the lives and living conditions of others. We have high levels of volunteer engagement. It is a blessing to lead in such a dynamic community.

There is no doubt that 2020 has been a difficult year. However, I am convinced there is value in the process of deliberate reflection on the positive. I encourage all of you to find time over the Thanksgiving holiday for some long-thought blessing counting. The experience certainly put a bounce in my step and some cheer in my heart. I wish the same for you.

These are difficult times. We are in a global pandemic, a time of social unrest, and in the middle of a contentious election season. Social media is an amazing vehicle for sharing information and connecting with others, but it has its downsides. People often post in anger or haste, and others read the posts and make assumptions or judgement without applying the most charitable interpretation to those posts. A person with a different opinion or favored political candidate is often viewed as a mortal enemy instead of just as a person with a different opinion or favored political candidate. I feel it is important to take a moment to recognize that social media can easily color a person’s perspective in a way that is not necessarily accurate.

During a time when so many find themselves divided, it is important to remember we have people in our community who care about others, who have a heart, and who are willing to put others before themselves. There are those among us who realize we are more alike than we are different and understand that any one of us can make a positive contribution.

In my more than 40 years of law enforcement experience, I have been on some pretty intense calls. From pulling a badly burned victim from an oil fire at a stone quarry, to preventing family members from reentering a mangled vehicle as they tried to retrieve a deceased family member, to holding the hand of the wife of a high school classmate as I told her that her husband had passed – this job is often not pleasant. But I have not done this job alone, and I am not only speaking about the assistance of the men and women who also serve in law enforcement or other branches of emergency services. I’ve done it with the assistance of countless unsung heroes, many of whom had no training and wore no badge. I’m speaking about the many unnamed people who made the decision to step forward and help someone in an emergency situation because they felt it was the right thing to do.

Over the past several weeks, several members of my staff have shared “Good Samaritans” encounters with me. In one instance, there was a rollover accident on the interstate, and the car was on fire. My deputy told me when he arrived at the scene, there were half a dozen people actively trying to rescue and render aid to the occupants of the vehicle. These witnesses weren’t standing back looking or recording video - they actively placed themselves in danger to assist a person who needed help.

Another deputy told me about arriving at a chest pains call to find a total stranger providing CPR. In both cases, the deputy seemed to have some degree of surprise that “regular people” were willing to get involved on behalf of someone they did not know.

I want to recognize such efforts. These people stepped forward to do the work, rather than just driving by only to go home and complain on social media about being stuck in traffic. My deputies and I deeply appreciate the people who are willing to assist us with emergency situations; even though amidst the chaos of a crisis we might not get the chance to express our thanks. We want people to know it matters. Not only is it essential to the resolution of the emergency, it also boosts our morale to work alongside community members – no matter how briefly. It is hard to quantify the value of the “we are all in this together feeling” it gives us.

We have also had that feeling many times over the last several months as individuals and groups within our community wrapped their collective arms around us and made us feel like we matter and that our service is valued. People have approached us on the street to say thank you. Businesses and individuals have sent lunch to the office. We’ve received phone calls, cards, and positive Facebook messages. This support has extended to the entire system of emergency services, including police, fire, EMS, telecommunicators, and those serving in medical facilities.

Thank you for letting me use this edition of The Lowdown to express my thanks to the many brave, kind, and generous souls in our community. You help us remember that we are nowhere near as divided as one might think by reading social media. We are connected and responsible for each other, and we appreciate your help.

Perhaps you are familiar with the phrase, “the elephant in the room,” referring to an important topic people are thinking about but not discussing. As your Sheriff, I don’t want the use of force, particularly deadly force, to become such an elephant. It is a topic all communities should discuss.

The possibility of taking a life in the course of a deputy’s duties is a heavy responsibility. My deputies want to protect and serve, go home safely at the end of each shift, AND reach the end of their careers without harming another person. Unjust killing or abuse of power anywhere is abhorrent; and we recognize the added atrocity when such actions are taken by members of the law enforcement profession.

I believe it is my duty to talk about use of force at this time, even though it is a difficult, painful topic. In this Lowdown, I will define force and deadly force, address when each may be used, identify some myths, and discuss the applicable judicial standard.

In law enforcement, force means the application of physical techniques or tactics, chemical agents, or weapons to another person. It is not force when someone consents to being searched, escorted, handcuffed, or restrained. Law enforcement shall always use only the amount of force reasonably necessary to accomplish a legitimate law enforcement purpose. Our CAD (Computer Aided Dispatch) system documented 190,854 instances of law enforcement activity involving our deputies between January 1, 2017 and August 31, 2020. This includes answering calls for service, checking open doors, conducting traffic stops, helping stranded motorists, serving warrants, etc. Our deputies used force in 48 of these encounters (0.025%). We used deadly force once.

Deadly force is force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. It may be used only when the officer or deputy believes no other action will neutralize the threat. Factors to consider before using deadly force include the immediacy and severity of the threat to the officer or others, the severity of the offense, the suspect’s attempts to resist or flee the officer, and the danger to the community. Law enforcement must also consider the conduct of the individual, the disparities in size, strength, injuries, and level of exhaustion between themselves and the subject, the effects of drugs or alcohol, and the subject’s mental state or capacity. In other words, the deputy or officer must consider the totality of the facts and circumstances.

There are several prevailing myths about deadly force. One is that a deputy can shoot to wound or disable a person. This is untrue. If deadly force is necessary, deputies are trained to aim for center body mass. To do otherwise reduces the likelihood the deputy will stop the threat, and increases the chance that others will be injured or killed.

Another myth is that if someone is shot in the back, the shooting was improper. This myth seems to stem from the “cowboy code” depicted in old westerns. It does not reflect the dynamic nature of a real-life, deadly force situation. For example, someone running away might fire a weapon over his or her shoulder, or he or she might be moving toward a third party with malicious intent.

A third myth concerns the belief a deputy should fire a “warning shot” as a last effort to bring the situation under control. A warning shot is not an authorized use of a duty weapon.

Once an officer employs deadly force, this decision is reviewed by the standard known as “objective reasonableness.” This standard determines whether the deputy reacted reasonably in light of known facts and circumstances. Deadly force is not reviewed and judged with the benefit of hindsight. In other words, facts learned after the event (a weapon the subject displays turns out to be a toy) are not relevant when determining if the use of force was reasonable at the time.

Situations can change suddenly, as evidenced when Henderson County Deputy Ryan Hendrix died earlier this month. A suspect, who initially appeared to comply with an order to show his hands, suddenly retrieved a weapon and shot the deputy in the face.

We have a living, breathing contract with the community we serve. Our goal is to hire, train, and retain the best and the brightest deputies and to provide exceptional, ethical, and professional service. We pledge to offer each person respect and dignity and to hold ourselves accountable. We expect the community to hold us accountable as well. We ask to be judged by the work we do here in Orange County. If you have concerns, feedback, or questions about deadly force, or general questions about our services, please call me.