A Superior Court judge on Thursday dismissed a petition seeking to remove Mecklenburg County Sheriff Garry McFadden from office, but ruled that the effort could move forward later — if it's approved by the district attorney.
Five Mecklenburg County residents filed the petition earlier this month, alleging McFadden is unfit to serve. The group includes Kevin Canty, a former deputy chief under McFadden, and Democratic state Rep. Carla Cunningham.
Superior Court Judge Stuart Albright said state law requires that a removal petition be approved by either the county attorney or the district attorney before it can be filed. Because that did not happen, Albright dismissed the petition without ruling on its merits.
The decision does not prevent the petition from being refiled.
Mecklenburg County District Attorney Spencer Merriweather has asked the State Bureau of Investigation to look into the allegations against McFadden, which include extortion and mismanagement of the county jail. If Merriweather determines the claims have merit, he could authorize the petition, allowing it to be filed again.
If that happens, a Superior Court judge would then decide whether McFadden should be suspended or removed from office.
McFadden, a Democrat, is facing three challengers in the March primary election.
