Judge tosses petition to remove Sheriff Garry McFadden

TROY HULL | THE CHARLOTTE POST

A petition to remove Mecklenburg County Sheriff Garry McFadden from office was dismissed Thursday by Superior Court Judge Stuart Albright.

A Superior Court judge on Thursday tossed a petition urging the removal of Mecklenburg County Sheriff Garry McFadden from office but ruled it can be refiled if it’s approved by the district attorney.

Judge Stuart Albright said state law requires such a petition be approved by either the county attorney or district attorney before it can be filed. Because it wasn’t, Albright dismissed the petition without ruling. Under North Carolina law, only a court can remove a sheriff from office once allegations are proven.

Mecklenburg District Attorney Spencer Merriweather, who would be tasked with prosecuting the case, has asked the State Bureau of Investigation to probe the allegations. 

The petition signed by four former Sheriff’s Office employees and N.C. Rep. Carla Cunningham demanded McFadden’s removal for alleged extortion and corruption, willful misconduct and maladministration, and refusal to perform duties of the office. Cunningham alleges McFadden leveled a threat against her in connection with her support of House Bill 318, which mandates sheriffs in all 100 counties to honor detainer requests by Immigration and Customs Enforcement. 

The petition also alleged a hostile work environment and a culture of intimidation and retribution against employees. In addition to Cunningham, the petitioners included former Chief of Staff Kevin Canty, who resigned in 2024; former Sgt. Marcia Crenshaw Hill, a 13-year MCSO employee who said her job was eliminated while she recovered from an assault by an inmate; Major Bryan Adams, who retired from the department in 2025 after 30 years and Captain Juan Delgado, an MCSO officer from 2004 until his retirement in 2022. 

McFadden, a Democrat, is running for re-election against challengers Ricky Robbins, Rodney Collins and Antwain Nance in the March primary.

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