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Speaker 1: What's going on? Thank you so much for listening to

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this podcast. It is heard live every day from noon

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to three on WBT Radio in Charlotte. And if you

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want exclusive content like invitations to events, the weekly live stream,

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my daily show prep with all the links, become a patron,

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go to dpeteclendershow dot com. Make sure you hit the

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subscribe button. Get every episode for free right to your

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smartphone or tablet. And again, thank you so much for

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your support. And as we do on Mondays at two o'clock,

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we chat with ap Dylan. She is a reporter for

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the North State Journal. You can read her work at

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nsjonline dot com, and she is also the publisher of

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More to the Story newsletter. It's on the substack. You

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can subscribe over there. Ap. How are you welcome back?

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Speaker 2: Happy New Year, Happy New Year.

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Speaker 1: Yeah, I feel like I haven't spoken to you since

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last year. Sorry, sorry, I got true. I can only

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use that joke so many times and it's not even fun. Yes,

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so all righty, So I have to say, I know

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I got two stories here to cover with you, But

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did you hear the good news about our sheriff?

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Speaker 2: Actually yes, I got the press release and I got

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that thing shotgunned down onto X with the documentation post haste.

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In fact, I think I got it out there first.

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Speaker 1: But I am so happy today, so happy we got

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rid of three comies, we got Maduro, Tim Walls, and

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now McFadden, Like this is a great day. Twenty twenty

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six is awesome. So far, it's.

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Speaker 2: Definitely batting a valid at this point. It's quite the petition.

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It's over thirty few pages long and basically it's a

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house about Carla Cunningham d Mecklenburg has filed a petition

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along with three or four former members of the Mecklenburg

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County Sheriff's Office against Sheriff Macbedden, basically demanding his removal

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from office.

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Speaker 1: Right this, Yeah, this is the only way to do it,

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sort of, you know, arresting him for something criminal in nature.

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Speaker 2: But the press release said it was for attended extortion, corruption,

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wilful misconduct, and maladministration office, as well as wilful and

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habitual refusal to perform the duties of his office.

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Speaker 1: Yeah, it's it is like what they lay out. So

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we knew from the four member there, the prior employees, right,

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the four other members besides Carla Cunningham, we knew about

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these types of issues and some of these accusations that

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had been going on for several years since McFadden first

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was elected eight years ago.

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Speaker 2: Well, yeah, and he did that video last fall about

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all the staff departures, so you finally had to address

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it right, normally right.

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Speaker 1: And then remember he gave some bizarre speech at the

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graduation ceremony for new deputies. You know, he made the

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whole event about him and how he's being attacked and

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all of a studden, like the guy is a raging,

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narcissistic sociopath, in my opinion, non clinical. But I was

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not aware, and I don't think anybody had heard the

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about the phone call with Carla Cunningham and how he

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tried to what she says was to intimidate her, threaten

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her with physical harm or not providing security to her

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during the fight over House Built three eighteen, which was

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you know where she jumped over to vote with the

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Republicans to make him make McFadden cooperate with Ice, and

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he called her up and you know, made these z

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would be a shame if anything happened to your nice

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little business there kind of comments, and she hung up

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on him and took it as a threat. That's yeah,

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she did. Serious.

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Speaker 2: I've got a story working right now at North State

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Journal and hopefully it'll drop here in the next thirty minutes.

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My editors are going over right now. But I wrote

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that thing up real fast.

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Speaker 1: About this.

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Speaker 2: Basically, she basically says he threatened her for her vote

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on that and that if she didn't vote her way

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that it was she was going to have a rough

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time and he wasn't going to protect her because she

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was getting death threats even from her own party for

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going along with Republicans. She was the one vote needed

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to override the veto.

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Speaker 1: Right, and all credit to her, she held firm, she

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held the line.

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Speaker 2: It did.

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Speaker 1: Yeah, and uh.

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Speaker 2: I mean, and there's nothing in that bill that's you know, outrageous,

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to be honest, I mean, it's it's just closing loopholes

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that McFadden himself was using to not do his job

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when it came to Ice.

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Speaker 1: Right, And that tells you, well, he kept saying, oh,

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I you know, I will cooperate with Ice and I'm

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not the hold up. I'm not the impediment. That's why

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I call him not my fault McFadden. It's because nothing

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is ever his fault. There's always somebody else to blame

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for whatever problems are occurring at the jail, including the

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number of deaths that occurred at the jail, which was

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a that was an issue for Cunningham. She was not

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She was very concerned about all of the deaths and

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wanted more inspections. And then he would attack the inspectors

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and oh, they're just targeting me, and it's not my

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fault and all of this. But during the debate on

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House Bill three eighteen, you know, he kept making it

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sound like, oh, I'm doing I'm doing everything that I

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can do, and this bill won't really do anything, and

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I'm not already doing and all this. But that phone

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call that sort of gives away the game. He knew

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that they were closing down the last loophole that he

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was exploiting. That's what that tells me.

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Speaker 2: Well, yeah, I mean that kind of telegraph.

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Speaker 1: Yeah.

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Speaker 2: Some of the other items, and here from some of

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the former employees were pretty pretty damning as well. Basically,

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the detention officers are being assaulted by inmates apparently regularly,

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and instead of reducing their privileges or writing them up

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or pressing charges. McFadden is not doing anything and in

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fact would go after the officer instead of the inmates.

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Speaker 1: That we don't call them inmates here. Gary wants them

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to be called residents, of which their residence.

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Speaker 2: The inmates were any need to acts. I'm not gonna

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I'm not going to do that. Yeah, that's that's that

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reminds me of the whole you know, calling homeless people unhoused.

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Speaker 1: Yeah, experiencing unhousedness, or some staff experience.

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Speaker 2: Experiencing no no lodging or why it's just okay, so.

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Speaker 1: One of the yeah, so one of the things that

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McFadden this is like the problem is that you know,

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the people that get released, you get the magistrates rolling

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all of this stuff too. You had a story I

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read this is over on your sub Stack newsletter. More

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to the story, this awful story about a thirty two

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year old teacher named Zoe Welsh, a science teacher at

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Ravenscroft School. Apparently, what two days ago, six thirty in

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the morning, somebody breaks into her house and beats her

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to death.

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Speaker 2: Yeah, while she was on the phone with nine one

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one guy break it in. He sees her on the

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phone and he beat her and she didn't die immediately.

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She was transported to the hospital, but she succumbed to

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her injuries after.

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Speaker 1: So they did catch the guy.

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Speaker 2: Yeah, they looked around and they finally found him. That

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he was He hadn't gone far. Yes, a guy named

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Ryan Vincent Camacho. And yeah, he's got a record, and yeah,

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he's released pretty recently on similar charges and the the

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the involuntary commitment evaluation was rejected, so he was released

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and it was a dismissal without leave with no plea agreement.

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Speaker 1: All right, so he has a You write in your

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piece here that he's got a long criminal history going

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back over two decades, including charges for burglary, theft, trespassing,

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breaking and entering, discharge of the firearment occupied property, assault

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with the deadly weapon, misdemeanor, stalking, misdemeanor, larceny, injury to

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personal property, and violating parole. So what is the timeline here?

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What that he it's what he had? What a court

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date or something on December fourth?

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Speaker 2: Is that the Well in August it looks like he

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had been arrested for breaking and entering, an injury du

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real property and miscellaneous misdemean larceny in Raleigh, but near

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the end of July twenty twenty five, court records show

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that he was taking a plea deal in Durham for breaking, entering,

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larcity and pearl valations. So he had multiple things going

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on over the summer, and those court records show that

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he in December fourth, we'll see December fourth, twenty twenty five,

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that was the last note on the Wait County larceny,

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breaking and entering injury duil property case. The final note

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on that was on December fourth, and it read order

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to commit defendant for examination and capacity to proceed. And

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there's no there's nothing after that except for the case

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dismissal without leave, no plea agreement, so that committal examination

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apparently never right.

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Speaker 1: So this is the involuntary commitment proceedings, much like the

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Arena Zarutska murderer.

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Speaker 2: Uhh yeah, an arena's law if they have a history

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of this kind of violent activity over a three year period,

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recent three year period that that has he has to

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have that mandatory examination. But you know they're gonna they're

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gonna basically split hairs here and say that you know

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this guy, you know who was just larcy and breaking

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and entering the you know, the the violent activities were

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several years back, four or five years back, so that

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that wouldn't have applied here. But you know the spirit

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of the laws people from repeat offenders from going back

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out there.

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Speaker 1: Right and and just simple you know, you know, a burgler,

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a burglar, you know, somebody who's breaking into places, stealing

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stuff whatever. Like, there has to be something other than

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that that would have prompted that order to to commit sright,

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something something ha happened there, right, because otherwise, okay, you

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got this, you know, professional burglar. But that that doesn't

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it doesn't seem to me like that would be enough

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to order an involuntary commitment unless that was an effort

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to keep him off the streets for some reason. I

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suspect that they, like the public defender or the DA

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or somebody in the court proceeding in dealing with him,

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probably figured something's not right with this guy. He needs

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to go in for a psych event.

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Speaker 2: I think there was something wrong with him because the

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original charge for the Durham case from July, the original

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charge was was pleed down to a lesser charge. The

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original charge five was break enter terrorized injurer so, and

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he was given credit for one hundred and thirteen days

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in jail for time served against a one hundred and

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twenty the day sentence. So he served a week.

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Speaker 1: Yeah, yeah, just one extra week after something.

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Speaker 2: You know. I mean, Arena's law was effective December first.

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This note on his Way County case was from December fourth,

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So Arena's law was in effect, right, And that Durham case,

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the original charge, had it not been put down, that

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charge would have shown up and he would have had

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to have been required to have that examination.

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Speaker 1: And maybe that's maybe they saw the prior charge and

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maybe that's why they they wanted to get him in

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for a psyche val. I don't know, I mean, yeah,

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there's just a lot of questions here. I don't know

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if I don't know if something fell through the cracks

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or somebody wasn't sure, or if this.

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Speaker 2: Was intentionally a messy case.

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Speaker 1: Yeah.

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Speaker 2: Fact those charges were dismissed without leave, with no plea

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agreement in place, and they just you know, gave him

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basically time served while he was waiting to have his

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court date. You know it just given his history, Yeah,

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it seemed a little bit light.

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Speaker 1: Yeah. Well, and now a woman is dead because of that.

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So yep, all right, we'll leave it there. AP. I

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appreciate your work as always. That's AP Dylan. You can

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read her work at her sub stack newsletter. It's called

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More to the Story. You can also read her work

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at the North State Journal and asjonline dot com. Thanks AP,

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Thanks pet all right, Sam, all right, if you're listening

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to this show, you know I try to keep up

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with all sorts of current events, and I know you

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do too, And you've probably heard me say get your

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news from multiple sources. Why well, because it's how you

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detect media bias, which is why I've been so impressed

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with ground News. It's an app and it's a website

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and it combines news from around the world in one

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place so you can compare coverage and verify information. You

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can check it out at check dot ground dot news

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slash Pete. I put the link in the podcast description too.

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I started using ground News a few months ago and

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more recently chose to work with them as an affiliate

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because it lets me see clearly how stories get covered

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and by whom. The blind spot feature shows you which

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stories get ignored by the left and the right. See

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for yourself check dot Ground, dot news slash pete. Subscribe

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through that link and you'll get fifteen percent off any subscription.

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I use the Vantage plan to unlimited access to every feature.

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Your subscription then not only helps my podcast, but it

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also supports Ground News as they make the media landscape

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more transparent. All right, so I have to acknowledge what

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is evident to all who have been listening. I'm very

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happy today. I did not start off the day very happy,

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but I have become very happy. Why For almost three

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years I have been highlighting the course of action that

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can be taken to remove the toxic sheriff of Mecklmer County, Gary.

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Not my fault, macfadden. There is a provision in state

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law that allows for the removal of a sheriff and

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it outlines you know what specifically they can be removed

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for and what process, what the process looks like. It

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only takes five what are called qualified electors. Those are

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just voters, So five voters registered voters in Mecklimburg County.

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That's all it requires. The problem is is that if

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it was just me, right, if I were to just

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be on the petition along with you four other just

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randoms from the county. We couldn't make the kinds of

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serious allegations that would then trigger this court proceeding. The

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court proceeding would be tried either by the district attorney

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or the Mecklimberg County attorney. We'll see where it goes

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and who tries it. I don't know. It's going to

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be tried in the district court, so we'll see what

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judge gets it, and may be the chief judge, I

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don't know. But this is going to be a test

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for the local Democrat party because the accusation are legitimate,

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and we've known about this stuff. I've been, you know,

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beating this drum for three years saying this is how

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you have to try to get him out because he's

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running for reelection again. And now that he announced that

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he does intend to seek reelection for a third term,

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like Democrats could put him back into office and they

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look they still very very well might Like we could

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see how this could go is he gets ousted and

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then he gets re elected. That could happen. There was

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a sheriff, I forget where it was, down east someplace.

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He got ousted through this same mechanism about a year ago.

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I want to say, and then they held a special

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election and he ran for reelection and he won. So

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that could still happen here with McFadden, But the name

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fature of the allegations again particularly from what appeared to

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be for and I haven't gone through the entire petition

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to confirm that all four of the other petitioners besides

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State Representative Carla Cunningham, that they are all former employees.

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It appears they are all former employees. And according to

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the petition filed with the court by a law firm

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located in Raleigh representing the petitioners here, since assuming the

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office of sheriff, McFadden committed a wide range of misconduct

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in office that warrants his removal, and the petition concerns

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the following general categories of misconduct. A misconduct relating to

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conditions at the Mecklimer County Detention Center and jail administration.

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B Retaliation against crime victims and good faith whistleblowers. C

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misuse of office resources, including violations of the Federal Hatch Act.

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D misconduct relating to staffing and promotion practices. E. Weaponizing

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the machinery of the Mecklemburg County Sheriff's Office Internal Affairs

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Unit against perceived enemies while squelching internal investigations into perceived

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allies and f threats against a state legislator, which which

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amount to attempted extortion and bribery. And in the last

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hour I went through that component with Carla Cunningham. So

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if you miss that, get the podcast. It's available on

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00:17:41,160 --> 00:17:44,960
all the podcasting platforms, on the WBT app and at

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the peatpod dot com. Okay, so from the petition misconduct

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relating to jail conditions, will use the term inmates to

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refer to all persons here. Okay, Oh, that's good because

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he you know, McFadden doesn't call them inmates, he calls

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them residents. McFadden has cultivated a reputation for ruthlessness and

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retaliation against any subordinate who raised concerns about his management

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of the Sheriff's Office or the jail, his ethics, or

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about the safety of correctional staff, detention officers, and inmates there.

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00:18:24,720 --> 00:18:29,440
McFadden appears to view inmates, including certain violent criminals with

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whom he has a personal connection. He appears to view

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inmates and their families and friends as his most important constituents. Correct, correct,

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That's why you end up building a recording studio and

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bringing some accused murderer in there for a photo op

317
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with the local media and never tell the victim's family

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that that you're gonna highlight this guy and his rap career.

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McFadden prides himself on his personal connections with inmates, including

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some of the most violent felons in Mecklimber County. In

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an unusual move for a sheriff, McFadden gives out his

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personal cell phone number to inmates and their families. That's

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not misconduct per se. Maintaining personal connections with witnesses in

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00:19:24,240 --> 00:19:28,319
high crime areas was undoubtedly an effective source of information

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00:19:28,400 --> 00:19:33,519
when McFadden was a homicide detective, I Am Homicide. That

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00:19:33,640 --> 00:19:36,880
was his TV show that he got where he used

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00:19:36,880 --> 00:19:41,240
his old detective files, probably unethically so, but he used

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00:19:41,240 --> 00:19:44,240
those old files to turn into a TV show and

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00:19:44,319 --> 00:19:47,200
talked about how he cracked cases and the name of

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the show was I Am Homicide. So while that probably

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00:19:51,480 --> 00:19:54,359
was an effective source of information before becoming sheriff and

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00:19:54,440 --> 00:19:57,720
obtaining such information was part of his job. Rather, McFadden's

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00:19:57,759 --> 00:20:00,839
practice of giving inmates and their families personal access to

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00:20:00,920 --> 00:20:04,880
him is emblematic of the culture that McFadden has created,

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00:20:05,319 --> 00:20:10,119
in which demonstrations of personal loyalty to McFadden lead him

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00:20:10,160 --> 00:20:16,119
to intervene in favor of supplicants, directing subordinates to ignore

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00:20:16,440 --> 00:20:22,200
otherwise applicable rules and policies. What is what is he?

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00:20:22,400 --> 00:20:30,720
What is this describing He's he's buddying up to criminals

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00:20:31,160 --> 00:20:35,160
and the criminals families and then he gives them privileges

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00:20:37,960 --> 00:20:42,240
via the staff. Yeah, this isn't good. The more I

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00:20:42,319 --> 00:20:45,839
read the well, the worse it is, and the happier

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00:20:45,880 --> 00:20:48,680
I get. You know, Stories are powerful. They help us

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make sense of things, to understand experiences. Stories connect us

344
00:20:52,480 --> 00:20:55,400
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00:20:55,400 --> 00:20:58,279
help us process the meaning of life and art. Stories

346
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347
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348
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349
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valuable service, converting images, photos and videos into high quality

350
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produced slide shows, videos and albums. The trusted, talented and

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355
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356
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or just your family stories, all told through images. That's

357
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what your photos and videos are. They are your life

358
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359
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who came before you, and they will tell others to

360
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come who you are. Visit creative video dot com. Been

361
00:21:51,000 --> 00:21:55,000
reading through the petition that has been filed now seeking

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00:21:55,039 --> 00:21:59,759
the removal by court ruling of Mecklimber County Sheriff Gary

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00:22:00,200 --> 00:22:06,079
my Fault McFadden on a slew of allegations related to

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00:22:06,160 --> 00:22:15,119
maladministration as well as threats, bribery and extortion that were

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00:22:15,119 --> 00:22:19,839
communicated by him to State Representative Carla Cunningham in a

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00:22:19,880 --> 00:22:22,599
phone call where he was trying to convince her to

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change her vote and block the House Bill three eighteen,

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00:22:28,119 --> 00:22:32,240
bill that would force him to cooperate with Ice. Right,

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00:22:32,319 --> 00:22:34,400
and remember he said that the bill wasn't needed, it

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wouldn't really do anything, there's all these problems with it

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and whatever, and he kept minimizing it while that bill

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was making its way through the legislature, and the reason

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it was going through the legislature was because he was

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00:22:46,079 --> 00:22:50,559
once again using loopholes to avoid cooperating with Ice, while

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claiming he really wants to cooperate with Ice. But that

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00:22:54,200 --> 00:22:58,279
phone call that he made in July to Carla Cunningham

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is proof that he's been lying. He wanted that bill defeated,

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and he pressured her to flip her vote and credit

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00:23:10,359 --> 00:23:14,920
to her and her intestinal fortitude, her bravery and standing

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up to a literally a violent mob. She had to

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have police security, she had to hire private security. These

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00:23:25,200 --> 00:23:29,079
were leftists that were mad at her because she was

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voting with the Republicans on this bill that she supported.

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She supported working with Ice. She's been consistent on that

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position too, and she bucked her party and voted with

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Republicans to override Governor Stein's veto, and so it became law.

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House Bill three eighteen became law. And it was a

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very tumultuous summer for her. She was targeted and then

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she gets this call from him, who basically he says like, oh,

390
00:24:03,799 --> 00:24:06,839
you know, be ashamed something happened to you. I don't

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00:24:06,839 --> 00:24:08,240
want any harm to come from you know, the people

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00:24:08,279 --> 00:24:09,640
are gonna come after you, and I don't want to

393
00:24:09,759 --> 00:24:11,880
see you harmed. You know, you live in my county,

394
00:24:12,039 --> 00:24:18,240
like my county, it's not your county. So that's the like,

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00:24:18,400 --> 00:24:22,880
that's the probably the more newsworthy, but like in a

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00:24:22,920 --> 00:24:27,359
way it's not because the record here of McFadden's maladministration,

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00:24:27,880 --> 00:24:34,279
his wilful neglect overseeing the detention center and staff. This

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00:24:34,319 --> 00:24:36,799
has been well known. We've talked about this for years.

399
00:24:36,799 --> 00:24:39,440
We had one of his chief deputies in here after

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00:24:39,480 --> 00:24:42,039
he quit, and he wrote a big letter public letter.

401
00:24:42,680 --> 00:24:45,400
Kevin Canty, who is one of the people on this petition,

402
00:24:48,279 --> 00:24:52,839
goes on to state McFadden's policy of providing personal direct

403
00:24:52,960 --> 00:24:56,640
access to him for the inmates and the inmates' families,

404
00:24:56,640 --> 00:24:59,200
giving them his personal cell phone number you call me.

405
00:25:00,359 --> 00:25:03,799
Its side steps the usual chain of command, and it

406
00:25:03,960 --> 00:25:08,839
encouraged inmates to take their complaints about jail discipline or

407
00:25:08,920 --> 00:25:14,200
conditions directly to him. But inmates generally don't complain when

408
00:25:14,359 --> 00:25:19,720
rules are not enforced, only when they are. When inmates

409
00:25:19,799 --> 00:25:23,079
or their families complain about the enforcement of rules, McFadden

410
00:25:23,160 --> 00:25:26,920
usually gives them what they want. He doesn't change policy.

411
00:25:28,400 --> 00:25:33,119
He simply makes ad hoc decisions or exceptions or orders

412
00:25:33,359 --> 00:25:39,000
non enforcement of the rules. In so doing, McFadden undermines

413
00:25:39,039 --> 00:25:43,319
the authority of his detention officers and staff. McFadden is

414
00:25:43,359 --> 00:25:46,359
frequently heard to say that there is no chain of

415
00:25:46,359 --> 00:25:50,400
command and disparaging the concept of a chain of command.

416
00:25:51,240 --> 00:25:55,400
His stated desire is that line employees and inmates with

417
00:25:55,519 --> 00:26:00,079
complaints should all come directly to him. But by undermining

418
00:26:00,079 --> 00:26:03,640
his employees and managers, and by creating ad hoc exceptions

419
00:26:03,680 --> 00:26:07,359
to policies rather than just changing the policy, he ultimately

420
00:26:07,400 --> 00:26:14,599
creates unsafe conditions at the jail. McFadden has removed and

421
00:26:14,920 --> 00:26:19,799
or intentionally under enforced jail policies and safety measures that

422
00:26:19,960 --> 00:26:24,160
existed to minimize the flow of contraband into the jail

423
00:26:25,480 --> 00:26:29,599
and sure that correctional staff could maintain physical control, segregate

424
00:26:29,640 --> 00:26:32,720
the most violent inmates from other portions of the jail population,

425
00:26:33,559 --> 00:26:37,480
and limit the most violent inmates access to certain portions

426
00:26:37,480 --> 00:26:41,359
of the facility. These rules existed to promote innate and

427
00:26:41,519 --> 00:26:46,759
staff safety. On information and belief, McFadden knows that his

428
00:26:46,880 --> 00:26:51,519
decisions have increased the prevalence of assaults and contraband within

429
00:26:51,880 --> 00:26:57,160
the jail. The jail is dramatically understaffed and requires correctional

430
00:26:57,200 --> 00:27:01,039
employees to work mandatory over time. It takes eighty one

431
00:27:01,079 --> 00:27:05,119
deputies to staff a shift, but during the last few years,

432
00:27:05,279 --> 00:27:09,240
shifts are frequently assigned to just thirty or forty officers,

433
00:27:09,279 --> 00:27:15,200
sometimes even fewer. It's half staffing. Some assigned officers are

434
00:27:15,200 --> 00:27:17,440
on medical leave at any given time, so shifts are

435
00:27:17,599 --> 00:27:22,440
staffed even more leanly in practice. When McFadden took office,

436
00:27:23,000 --> 00:27:27,599
the Sheriff's Office employed thirteen hundred people. Within three years,

437
00:27:28,079 --> 00:27:33,079
that figure dropped to around eight hundred. It is now

438
00:27:33,079 --> 00:27:39,039
at about seven seventy. He's lost half of the staff.

439
00:27:40,559 --> 00:27:44,240
This is why I call him. Not my fault. McFadden like, oh,

440
00:27:44,519 --> 00:27:47,279
we can't open jail North. It's not my fault. I

441
00:27:47,319 --> 00:27:50,240
can't hire people. We're all fishing from the same pier

442
00:27:50,319 --> 00:27:53,480
into the same pool of applicants, and nobody wants to

443
00:27:53,519 --> 00:27:56,559
work at the Sheriff's Office. And it's not my fault. Yeah, yeah,

444
00:27:56,680 --> 00:28:00,559
it is. It absolutely is. How do you go from

445
00:28:00,599 --> 00:28:06,119
thirteen hundred employees down to seven hundred and seventy that's you, man.

446
00:28:07,720 --> 00:28:11,279
Many officers left because of the intolerable work environment created

447
00:28:11,319 --> 00:28:14,759
by McFadden, and many of those who left did not

448
00:28:14,920 --> 00:28:18,240
retire or change careers, but instead went to work for

449
00:28:18,319 --> 00:28:23,559
other law enforcement agencies in the area. Understaffing leads to

450
00:28:23,640 --> 00:28:31,240
unsafe conditions. It was a state policy or county policy,

451
00:28:31,599 --> 00:28:35,759
and state policy require four to five officers per hallway.

452
00:28:36,400 --> 00:28:39,759
This is also required for American Correctional Association and accreditation,

453
00:28:39,799 --> 00:28:42,839
but Mecklenburg County has recently been staffing one to two

454
00:28:42,880 --> 00:28:47,640
officers per hallway, or sometimes no hallway personnel at all.

455
00:28:47,960 --> 00:28:52,519
That makes officers more vulnerable to assault. Understaffing is the

456
00:28:52,559 --> 00:28:56,079
predictable result of McFadden's decision to create a culture that

457
00:28:56,240 --> 00:29:01,039
intentionally undermines the authority of the detention officers by encouraging

458
00:29:01,079 --> 00:29:05,680
inmates to complain directly to the sheriff whenever the officers

459
00:29:05,759 --> 00:29:12,720
try to enforce jail rules. In short, the relaxation and

460
00:29:12,839 --> 00:29:17,000
lax enforcement of rules in conjunction with a culture that

461
00:29:17,119 --> 00:29:21,359
intentionally undermines the authority of the officers has predictably led

462
00:29:21,400 --> 00:29:26,519
to a greater prevalence of weapons, drugs, and other contraband

463
00:29:26,640 --> 00:29:30,200
in the jail than was the case prior to his tenure.

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00:29:30,680 --> 00:29:36,359
It also leads to unsafe conditions for inmates and detention officers.

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And then there are the threats and the retaliation against

466
00:29:42,400 --> 00:29:50,240
whistleblowers and crime victims and others. Deputies and other office

467
00:29:50,279 --> 00:29:53,160
employees are at will employees who served the pleasure of

468
00:29:53,200 --> 00:29:56,279
the sheriff. They have limited protection against demotion, termination, or

469
00:29:56,279 --> 00:30:00,039
other retaliation if they speak up against his abuses and

470
00:30:00,160 --> 00:30:03,279
frequently reminds his subordinates that they serve at his pleasure,

471
00:30:03,519 --> 00:30:07,519
and uses expressed or implied threats of retaliation to deter

472
00:30:07,839 --> 00:30:12,960
employees from speaking up about assaults and unsafe conditions at

473
00:30:13,000 --> 00:30:17,960
the jail or other abuses. Working as a detention officer

474
00:30:18,039 --> 00:30:20,759
or unsworn staff in a jail or prison involves some

475
00:30:20,880 --> 00:30:24,319
unavoidable risk of assault. In practice, a lot of minor

476
00:30:24,359 --> 00:30:26,839
scuffles that might result in assault charges if they happen

477
00:30:26,920 --> 00:30:29,960
in the civilian world end up overlooked or result in

478
00:30:29,960 --> 00:30:34,519
internal prison discipline, but no new charges. But assaults resulting

479
00:30:34,559 --> 00:30:38,720
in serious injury should be, and in most places are reported,

480
00:30:39,880 --> 00:30:41,160
but apparently it's not happening.

481
00:30:41,200 --> 00:30:41,359
Speaker 2: Here.

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From the text line, ye, we'll see what else is

505
00:31:58,920 --> 00:32:01,799
happening over here. This is Spencer who says, is there

506
00:32:01,839 --> 00:32:05,400
any chance of a trial for some infraction? Maybe a

507
00:32:05,480 --> 00:32:08,440
jail term for a guilty verdict. Yeah, I don't know.

508
00:32:09,559 --> 00:32:13,559
I don't know if they Yeah, I mean theoretically you

509
00:32:13,720 --> 00:32:20,839
could bring criminal charges for the the extortion, the attempted bribery,

510
00:32:21,319 --> 00:32:25,599
you know, like, but this is just a petition to

511
00:32:25,720 --> 00:32:28,880
have him removed. And so now that process is underway,

512
00:32:28,880 --> 00:32:34,160
and the petitioners are asking that McFadden be suspended pending

513
00:32:34,319 --> 00:32:39,039
the adjudication of the petition. So we'll see, we'll see

514
00:32:39,039 --> 00:32:41,240
how that goes. And we'll see. First I guess we're

515
00:32:41,279 --> 00:32:43,680
gonna we got to find out who's going to who's

516
00:32:43,680 --> 00:32:47,799
going to prosecute the petition. Is it the Mecklimber County

517
00:32:47,799 --> 00:32:53,799
District Attorney or is it the Mecklimberg County Attorney. So

518
00:32:55,240 --> 00:33:01,839
we'll see, let's see, Richard, I'm curious if anyone other

519
00:33:01,920 --> 00:33:05,279
than Carla Cunningham was present for that call. Did they

520
00:33:05,319 --> 00:33:10,240
record it otherwise, it's her word versus his true that

521
00:33:10,400 --> 00:33:17,000
is true. I somewhat doubt that she recorded it, but

522
00:33:17,200 --> 00:33:20,119
maybe she did. And the petition makes no mention of

523
00:33:20,160 --> 00:33:24,000
somebody else that was there on the or on the

524
00:33:24,039 --> 00:33:26,759
call with her and mcfaddott, So we don't know if

525
00:33:26,759 --> 00:33:30,359
there's another witness to this. That would be awesome if

526
00:33:30,400 --> 00:33:34,599
there was a witness to confirm her account. And then

527
00:33:34,599 --> 00:33:38,920
they spring that on him in the trial. Right, It's

528
00:33:38,920 --> 00:33:41,480
like he doesn't know if somebody was on the until

529
00:33:41,480 --> 00:33:44,599
he lies and says I didn't say those things, and

530
00:33:44,640 --> 00:33:47,720
then aha, well we have this witness. She was on

531
00:33:47,759 --> 00:33:50,000
the call too, she heard you say it. That would

532
00:33:50,039 --> 00:33:53,759
be awesome. Look, I look, okay, I know there are

533
00:33:53,759 --> 00:33:56,440
a lot of black pilled people in the audience and

534
00:33:56,480 --> 00:33:59,880
they're like, nothing's gonna happen to this guy, right, And

535
00:34:00,079 --> 00:34:03,440
I get that feeling. But look, just let me have

536
00:34:03,599 --> 00:34:08,079
this moment today, Okay, Please just let me enjoy this

537
00:34:09,280 --> 00:34:13,440
for now. We'll see what happens. We'll see, you know,

538
00:34:15,039 --> 00:34:20,239
all right, back to the petition, McFadden. This seems problematic,

539
00:34:20,360 --> 00:34:24,880
and this is also why that North Carolina House Oversight

540
00:34:24,880 --> 00:34:30,440
Committee has summoned McFadden to appear at a hearing in

541
00:34:30,519 --> 00:34:38,360
Raleigh on January twenty second. McFadden discourages detention officers from

542
00:34:38,440 --> 00:34:43,960
reporting use of force incidents involving inmates and staff within

543
00:34:44,000 --> 00:34:52,039
the jail, and has admonished staff from documenting such incidents. Right,

544
00:34:52,079 --> 00:34:55,119
so that's one way to get better stats. Say, oh,

545
00:34:55,440 --> 00:34:57,760
we run a safe jail here. Yeah, well it's safe

546
00:34:57,800 --> 00:35:01,119
if you don't report all the violence by the stats

547
00:35:01,119 --> 00:35:06,360
at least in fact on information and believe McFadden has

548
00:35:06,400 --> 00:35:12,840
threatened retaliation against detention officers who report assaults by inmates.

549
00:35:13,400 --> 00:35:17,639
McFadden's threat to retaliate against crime victims and whistleblowers on

550
00:35:17,840 --> 00:35:21,440
his staff has been conveyed through the chain of command

551
00:35:21,480 --> 00:35:27,199
two supervisors, who then convey it two line employees. Well

552
00:35:27,199 --> 00:35:32,960
that's not smart. So McFadden is telling the supervisors to

553
00:35:33,000 --> 00:35:39,559
tell their staff that he will retaliate against the staff

554
00:35:40,280 --> 00:35:43,880
if they file these complaints or if they file reports

555
00:35:43,920 --> 00:35:53,440
of violence or assaults. And I guess that's the mention

556
00:35:53,519 --> 00:35:57,320
of the crime victims. He's talking about staff and detention

557
00:35:57,440 --> 00:36:01,920
officers that are victimized by inmates or inmates that are

558
00:36:02,000 --> 00:36:08,159
victimized by other inmates, And so he's threatening retaliation against them.

559
00:36:09,000 --> 00:36:11,800
You were victimized by an inmate, you were beaten up,

560
00:36:11,840 --> 00:36:15,800
you were attacked, or whatever you want to enforce jail

561
00:36:15,960 --> 00:36:21,199
rules against that inmate. And McFadden gets a phone call

562
00:36:21,239 --> 00:36:25,119
from the inmate's mother who says, oh, you know, he

563
00:36:25,159 --> 00:36:28,000
didn't mean it, and oh please don't punish him, please

564
00:36:28,039 --> 00:36:30,360
please please, And then McFadden says, I'm going to retaliate

565
00:36:30,360 --> 00:36:33,800
against that detention officer if they file a report on

566
00:36:33,840 --> 00:36:40,960
this incident. Is that what's happening. McFadden has downplayed injuries

567
00:36:41,039 --> 00:36:44,960
sustained by deputies who were assaulted at the jail. McFadden

568
00:36:45,039 --> 00:36:49,559
also inevitably blamed jail deputies who were assaulted, including assaults

569
00:36:49,559 --> 00:36:54,920
that resulted in serious injury, regardless of the facts. McFadden's

570
00:36:54,960 --> 00:36:58,320
threats are not limited to his subordinates. And then it

571
00:36:58,360 --> 00:37:04,000
talks about the the phone call with Carla Cunningham. Okay,

572
00:37:04,079 --> 00:37:07,480
And then there's this on the misuse of official resources

573
00:37:08,559 --> 00:37:11,639
in or around September and October of this past year.

574
00:37:11,719 --> 00:37:15,920
So what three months ago McFadden directed that official resources,

575
00:37:16,199 --> 00:37:20,440
specifically the work time of information technology staff at the

576
00:37:20,440 --> 00:37:26,719
Sheriff's Office, be used to work on his campaign website. Dude,

577
00:37:26,719 --> 00:37:29,119
that's a really bright line in the law. How do

578
00:37:29,199 --> 00:37:30,920
you not know that you're not supposed to do that?

579
00:37:33,639 --> 00:37:37,199
The campaign website not his official business. Obviously, McFadden's misuse

580
00:37:37,239 --> 00:37:41,599
of official resources to support his campaign violates the Hatch Act,

581
00:37:41,639 --> 00:37:47,159
which prohibits McFadden from directly or indirectly coercing, attempting to coerce,

582
00:37:47,639 --> 00:37:51,159
or commanding a state or local officer or employee to

583
00:37:51,239 --> 00:37:54,519
contribute anything of value to a political campaign committee. It

584
00:37:54,599 --> 00:38:03,039
also violated the Hatch Acts implementing regulations so misused official

585
00:38:03,079 --> 00:38:07,519
resources in his treatment of reserve deputies. Sheriffs are allowed

586
00:38:07,559 --> 00:38:11,400
to employ reserve deputies on volunteer or unpaid basis if

587
00:38:11,440 --> 00:38:16,079
they are otherwise qualified. Often, reserve deputies are retired law

588
00:38:16,159 --> 00:38:19,280
enforcement officers from other agencies who wish to keep their

589
00:38:19,360 --> 00:38:24,400
law enforcement certification and work private duty security engagements. Law

590
00:38:24,480 --> 00:38:27,440
enforcement officers typically must complete a certain amount of active

591
00:38:27,480 --> 00:38:32,119
duty time per year to maintain their qualifications. In practice,

592
00:38:32,159 --> 00:38:35,719
reserve officers are frequently volunteers for the number of hours

593
00:38:35,719 --> 00:38:41,119
required to maintain that certification. Mecklimber County policy specifies that

594
00:38:41,159 --> 00:38:45,000
reserve officers are unpaid when called into action up to

595
00:38:45,079 --> 00:38:47,599
a certain number of hours per month, but should be

596
00:38:47,639 --> 00:38:52,320
paid for work above that number of hours. On information

597
00:38:52,400 --> 00:38:57,719
and belief, McFadden has repeatedly directed that reserve deputies work

598
00:38:57,760 --> 00:39:02,079
security at certain collegiate sports, ving events and parades at

599
00:39:02,159 --> 00:39:07,960
Johnson C. Smith University, which McFadden attended on information and belief.

600
00:39:07,960 --> 00:39:10,480
At times, McFadden was informed that this would put certain

601
00:39:10,519 --> 00:39:13,039
reserve deputies over the amount of time where they could

602
00:39:13,079 --> 00:39:17,320
be asked to work unpaid. On information and belief, McFadden

603
00:39:17,519 --> 00:39:23,519
ordered that these reserve deputies work the JCSU events without pay. Anyway,

604
00:39:23,920 --> 00:39:27,119
he did not similarly direct that reserve deputies work without

605
00:39:27,119 --> 00:39:33,159
pay to benefit any other Mecklenburg County institution. It basically

606
00:39:33,199 --> 00:39:37,039
compelled deputies to donate their time to a cause McFadden

607
00:39:37,119 --> 00:39:41,559
cares about. It's because he's an alum of Johnson C.

608
00:39:41,719 --> 00:39:45,599
Smith and because of his reputation for retaliation against anybody

609
00:39:45,599 --> 00:39:48,559
who crossed him or who were not viewed as personally

610
00:39:48,639 --> 00:39:52,159
loyal to him. Reserve deputies knew they would have to

611
00:39:52,199 --> 00:39:55,039
work without the pay they were entitled to, or potentially

612
00:39:55,119 --> 00:40:03,679
risk losing future hours and thus their certification. Everything we

613
00:40:03,760 --> 00:40:07,679
thought we knew about this guy was true. That's what

614
00:40:07,719 --> 00:40:13,599
this petition lays out. It's all been true. Petty, narcissistic, sociopathic,

615
00:40:14,639 --> 00:40:19,159
terrible manager. All right, that'll do it for this episode.

616
00:40:19,199 --> 00:40:21,280
Thank you so much for listening. I could not do

617
00:40:21,320 --> 00:40:23,440
the show without your support and the support of the

618
00:40:23,480 --> 00:40:26,519
businesses that advertise on the podcast, so if you'd like,

619
00:40:26,679 --> 00:40:28,760
please support them too and tell them you heard it here.

620
00:40:28,920 --> 00:40:31,400
You can also become a patron at my Patreon page

621
00:40:31,559 --> 00:40:35,119
or go to dpetecleanershow dot com. Again, thank you so

622
00:40:35,199 --> 00:40:41,840
much for listening, and don't break anything while I'm gone.

