MECKLENBURG COUNTY, N.C. — As Mecklenburg County's sheriff faces an upcoming state deadline to make changes to the detention center, Sheriff Garry McFadden said several residents of the detention center have years-long delays in their court cases, which prevents him from freeing up cells.
State regulators ordered Sheriff McFadden to make several corrections after finding severe staffing shortages.
He referenced the case of Devalos Perkins, who's charged with first-degree murder and has been confined since 2012.
"So I can't tell you who to release, but when we talk about depopulation, I’m asking for help," McFadden said.
WCNC Charlotte went through the sheriff’s website and found about 138 people confined inside the detention center for more than two years.
Of that group, 50 have been waiting more than three years.
But the Mecklenburg County District Attorney’s Office said many of those older cases involve defendants whose mental capacity to stand trial is in question.
In a statement, District Attorney Spencer Merriweather said, "Many of the oldest dated cases in which defendants are in the detention center are cases in which the mental capacity of the defendant to continue with proceedings is in question. It is important to note that, in those cases, the defendants have not remained in continuous detention in Mecklenburg County. They often travel back and forth between state mental health facilities and the detention center as part of efforts to restore their capacity to proceed. Continuing our collaborative work with fellow court officials to thoughtfully examine the custody status of defendants, the local Senior Resident Superior Court Judge recently performed a review and status check of some of the oldest cases. She made no finding that there were any undue delays. Knowing that many who reside in the jail are among those charged with our community’s most violent offenses, the DA’s Office does want an expansion of court operations to get more of these cases into trial faster. For months, this office has been advocating for the safe expansion of court operations, and we continue to do so.”
Attorney Mark Gott represents clients who have cases involving mental health competency, and he said he has clients out on bond, who are still waiting on their court date following multiple delays.
“I've got another case involving an incompetent man or a man who lacks sufficient capacity, and he was charged with assault, assaulting another member of his group home in 2019, and the case was just dismissed last week by the district attorney," Gott said. “We hear all the time that justice delayed is justice denied, and that’s what’s happening here."
He said local legal leaders need to look at best practices in neighboring counties and take inspiration from the detention center, itself.
"Stop finger-pointing," Gott said. "Get all the key officials together, and lock themselves in a room until they come up with solutions.”
Contact Brandon Golder at bgoldner@wcnc.com and follow him on Facebook, Twitter and Instagram.