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Deputy to quit as Sheriff clarifies demotion

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WILMINGTON, NC (WWAY) -- A clarification to a story we reported last night about the demotion of a corporal at the New Hanover County Sheriff's Office.

Sheriff Ed McMahon received a criminal complaint about Charles Smith, the department's former public information officer, and asked the SBI to investigate. Cpl. Smith was cleared of any criminal wrongdoing by the SBI, but the investigation continues.

An internal investigation by the Sheriff's Office resulted in Smith's demotion to deputy. Internal investigations cover violations of policy within the sheriff's office. We're told Dep. Smith is in the process of resigning from the Sheriff's Office.

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Sheriffs Office

The Sheriff decided to punish a deputy that based on the FACTS did nothing wrong. The SBI found no wrong doing on Deputy Smith's part. The Internal Affairs Unit a/k/a Professional Standards determined that Deputy Smith had violated Sheriffs Office procedure. While we are at demoting members of the Sheriff;s Office we should start at the top. Inmates being refused simple rights such as making a telephone call while is custody to their attorney is similar to an act of Congress. Inmates NOT being taken to court for their court dates and then being penalized by the judge for failure to appear is the direct fault of the Sheriff and his deputies. Perhaps the SBI should investigate the mishandling of the inmates of this county. Now that based on the facts will result in Criminal and Civil charges. It's about time that the SBI conduct the same "Investigative Tactics" used in Brunswick County. This Sheriff bases his decision on half merited information. Let's put him under the magnifying glass and see what we find.

Deputy Smith run for Sheriff and replace the current one. At least you do speak to the public and don't act like you're some kinda god. This Sheriff serves his special interest group. He needs to learn about something other people learned in law enforcement....base your decision on fact not hypothetical situation or face.

Thank you Sheriff for

Thank you Sheriff for keeping up the standards of your department. Before your term, too much was left untouched. Any deputy could sleep with anyone else's wife or create other moral and ethical delimas that went unpunished. It's about time that even the deputies now have a standard they must live up to. We are equal under justice. They are not excluded.

to the person above. so your

to the person above. so your spouse slept with a deputy. that is not a reason to be fired. deputys are not god but, humans.

yes it is!in this state it IS against the law to sleep with the

spouse of another.if the cops can't keep the law then there is no law.how can we teach respect for the law when the lawmen are lawless.

The humans in this state

The humans in this state have a law, and that law prohibits Adultery...

Here it is:

§ 14‑184. Fornication and adultery.

If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other. (1805, c. 684, P.R.; R.C., c. 34, s. 45; Code, s. 1041; Rev., s. 3350; C.S., s. 4343; 1969, c. 1224, s. 9; 1993, c. 539, s. 119; 1994, Ex. Sess., c. 24, s. 14(c).)

If one intends to enforce the law, one ought be living by the law.

Well lets not stop with the

Well lets not stop with the Law Enforcement people, and start putting everyone that has sex out side of marriage, or how about everyone that has had sex in any other position then missionary, and have them put in jail and charged. Everything is illegal. Then you can hold the spot light on this law. If it is good for one then it is good for everyone!!!!

wrong

Agree with it or not, adultery is still a crime in NC. So a deputy sleeping with someone else's wife is committing a crime. If a deputy can't obey the law, he/she shouldn't be a deputy.

While I agree with most of

While I agree with most of what you are saying, it is nobody's business who is sleeping with who. The Sheriff should stay out of his deputies business as long as what they are doing is legal

It needs to be restructured

New Hanover county Sheriffs office has been in the spot light now for some time. We need the state to step in and restructure the sheriffs department. When there is more time Spent investigating the sheriffs then other crime change is due... And the video of the streaker showed all of new hanover county what are local sheriff office is all about. And how can in internal investigation or should I say a crooked internal investigation over rule the SBI??? Did the SBI not check to see if there were any violations of policy when they did there initial investigation?

A little bitter are we?

There is more time spent investigating Deputies that other crimes? Where is your basis for such an emphatic statement? The streaker video is what the Sheriffs department is all about? I hardly think so, besides the naked and drunk clown that started that whole thing was the type of trouble maker they aren't used to dealing with. Your somewhat angry and pointless statements have zero foundation other than your personal dislike for the Sheriffs office and Sheriff McMahon.

Now..the SBI was called in to investigate a CRIMINAL complaint and found that none existed, the officer was cleared of any CRIMINAL charges. The Internal Affairs investigation (a total different entity) evidently found a breach of ethics or morality code well outside of the CRIMINAL boundaries. IA answers to nobody and is dedicated to resolving internal departmental complaints and policy violations. IA works to investigate and enforce the ethics and morality policies in place IN ADDITION to any criminal complaints. Nobody overrode anybody here, it is simple and basic protocol. This has nothing to do with being "a crooked investigation", it is a procedural overcheck used to keep officers in line.

As far as the WB incident,

As far as the WB incident, that Deputy did nothing wrong. Just because you have an issue with a taser doesn't mean the SBI should come down and investigate a Department. Tasers were meant for cases just like that.

As far as the SBIs investigation into the Smith subject, they investigate criminal complaints and not internal violations of SOP. So no, they would not have looked at the policy of the Department in that regard

The Power of the Badge.

These are people that when called are there to deal with a problem that can't be solved by the public alone. They see the worst of day to day life,they deal with problems that can't be solved by neighbor on neighbor,because no one want's to deal with each other anymore,because you don't know your neighbor. I know my neighbor's,because I get out and walk the neighborhood at night,and get to know who I'm living around. I'll bet you I can name 10 of my neighbors within a 2 block area of my home.

The SBI does not investigate

The SBI does not investigate policy violations, they are there to investigate criminal violations. As for the internal investigation over riding the SBI, the story did not say that it did. The story stated that "THE" SBI found no criminal violations and that the Sheriff's office continued the internal to see if any "POLICY" violations had accrued. I see no "crooked" investigation, from the way this story was reported. Also the SBI can not "step in and restructure" the department. In order for that to happen, the DA's office will have to file in Superior Court to have the Sheriff removed and someone else take over to restructure the department as they see fit. In other word no one but the High Sheriff of the county can restructure the Sheriff's Department.