State AG concludes investigation into New Hanover County Schools handling of sex abuse claims

NEW HANOVER COUNTY, NC (WWAY) — Attorney General Josh Stein today announced Friday that his office has completed its third and final investigation into child sex abuse in New Hanover County.

New Hanover County District Attorney Ben David and Sheriff Ed McMahon asked the State Bureau of Investigation to look into how the school district handled the case of former teacher Michael Kelly, who pleaded guilty in 2019 to dozens of sex crimes involving students.

The DA and sheriff wanted the SBI to investigate whether there was a violation in law, including the handling of sexual offense claims allegedly brought to the attention of New Hanover County Schools administration.

In a news release, Stein’s office said the statute of limitations prevents charges related to allegations that New Hanover County Schools failed to protect students from sexual assault decades ago.

“After a detailed review of thousands of records dating back to the late 1990s, attorneys in my Special Prosecutions Section have determined that we cannot file felony or misdemeanor charges in this matter. While some of the evidence found in our investigation suggests that some New Hanover County Schools employees may have violated the law at the time, the statute of limitations passed before these allegations were reported to the district attorney and before we received the investigation for potential misdemeanor charges. Additionally, our review determined that felony charges don’t apply in this investigation. Even though legal charges aren’t possible, the investigation made clear that for years, certain New Hanover County Schools employees failed to report potential crimes of abuse to the appropriate authorities. They failed at job one – keeping our children safe,” Stein wrote in a news release.

“To the victims who came forward and shared their stories – thank you. The fact that the law prevents us from pursuing charges in this case does not take away from your bravery and strength. Every time someone speaks about the abuse they’ve faced, they make it easier for other victims of abuse to speak up and begin their own journey of healing. You are helping to make kids safer, and we are grateful,” Stein continued.

We reached out to District Attorney Ben David to get his response on the result of the investigation. His office provided the following statement:

“More than four years ago, I asked for an outside investigation by the State Bureau of Investigation regarding failure to report abuse of students at New Hanover County Schools. My twin goal was to hold people accountable and make our schools as safe as possible. Like you, I learned earlier today that the Attorney General’s Office has concluded that no one can be held criminally responsible since these allegations came to light after the two-year statute of limitations had already expired. While I have yet to receive anything in writing from the Attorney General’s Office, I am hopeful that everyone will learn the facts and law that led to this decision. There is more than one way to hold someone accountable for their actions, and anyone who is implicated by this investigation should no longer be entrusted with the care of our children. ”

The Department of Justice’s Special Prosecutions Section has secured convictions in the other two investigations. In April, Robert Adam Burns pleaded guilty in New Hanover County to four counts of statutory sex offenses with a 13-,14-, or 15-year-old and four counts of indecent liberties with a child and was sentenced to 16-20 years in prison.

In June 2022, the section prosecuted teacher Peter Frank and convicted him at trial of 17 counts of sex crimes and indecent liberties for actions dating back to 1999, resulting in a minimum 50-year prison sentence.

All three investigations were referred to the Special Prosecutions Section by District Attorney Ben David. The section prosecutes or assists in prosecutions when district attorney offices request assistance due to issues of conflict or resource constraints.

In June, the New Hanover County Board of Education and plaintiffs in the civil case reached a settlement to resolve claims by 14 men arising from the sexual abuse and exploitation committed by former teacher and convicted felon Michael Kelly. The $5.75 million agreement ended the litigation against the Board for allegations arising out of Kelly’s sexual misconduct.