Mecklenburg’s DWI convictions have plummeted 80%

Plus: Big tower project on Morehead Street looks like a go; Mayor records new airport greeting; Revised tennis proposal at Eastland site; Tax hike for school bond; Panthers players like their hot tubs

Mar 06, 2023

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As alcohol-related crashes rise, Mecklenburg lags the rest of N.C. in successful DWI prosecutions; court backlogs and time-consuming police work blamed

Lynn Sherrill of Lake Wylie lost four family members in a DWI crash in the summer of 2020. The crash killed her son, her daughter-in-law and her two granddaughters.

By Steve Harrison, WFAE

The number of people killed in alcohol-related vehicle crashes in Mecklenburg County has been rising over the last decade — while the number of people convicted of DWI has plummeted, falling 80%.

There were 53 of those alcohol-related crash deaths in 2020, including five on July 3.

Lynn Sherrill lost four family members that day: her son, Matthew Obester; his wife, Andrea; and their two daughters, Elizabeth, 12, and Violet, 9. They were killed in a high-speed crash on Interstate 485 that was caused by an intoxicated driver.

In the kitchen of her home near Lake Wylie, Sherrill looks at photographs of her two granddaughters.

“This is the little one, Violet, she was 9,” Sherrill said, swiping through photos on her phone. “That was Elizabeth. That was when they were little. For Halloween, their mother always dressed them up to the nines.”

The family was on its way home to Gaston County when an impaired driver, Dakeia Charles, caused a series of wrecks on I-485 in north Charlotte, sending a truck into oncoming traffic.

“And they were totally crushed,” Sherill said. “There was nothing they could do in their big Tahoe. There was just nothing. The only good thing is they died instantly.”

Four hours after the crash, Charles’ blood alcohol level was .07. He already had a previous DWI prohibiting him from driving above a .04. He was sentenced to at least 20 years in prison.

The bigger picture, however, is that the number of people convicted of DWI in Mecklenburg County has plummeted in the last decade.

And when you look at convictions for driving while impaired based on population, Mecklenburg has — by far — the fewest in North Carolina, according to a WFAE analysis of data from the state Administrative Office of the Courts.

No other county is close.

Over the last four years, Mecklenburg has averaged 38 convictions per 100,000 people.

Wake County has nearly four times as many convictions. The state overall has nearly six times as many.

Attorney Bill Powers, who reviewed the data showing the drop in convictions, said the decline is “unfathomable to me. It shocks the conscience.”

He has represented drivers charged with DWI and their victims for 30 years.

He noted that in fiscal year 2021, Mecklenburg County had only 154 DWI convictions. That was not only the lowest per-capita rate, but the lowest in actual numbers of all 41 state judicial districts.

“Even with Covid, even with our courts being closed, even with the number of DWI enforcements being down — to be lower than anywhere else in the state of North Carolina, I couldn’t believe it,” Powers said.

While other North Carolina judicial districts were able to begin handling cases in that first year of the pandemic, the district court in Mecklenburg was mostly closed for roughly a year, creating a chokepoint for prosecutors.

Chief District Court Judge Elizabeth Trosch said she was following the guidance of former county health director Gibbie Harris to stop the spread of Covid, and that outbreaks in 2021 hampered plans to reopen sooner.

She said the district court is now handling more cases than it did before the pandemic.

But the court closures — while disruptive — did not cause the collapse in convictions.

The drop is due to several factors, including a decline in DWI arrests and the Mecklenburg District Attorney’s Office not assigning prosecutors to work solely on drunk driving cases, as Wake County does.

DWI arrests fall faster than the rest of N.C.

Across North Carolina, there has been a steady decline in the number of people charged with DWI in the last decade.

A decade ago, there were more than 53,000 DWI charges statewide. Last year, that fell to just under 35,000. That’s a 35% drop.

A number of theories have been floated as to why. Some say people are riding light rail more and that ride-share companies like Uber have made it easier for people to drink and not drive. Others say people may just be drinking less overall.

In Mecklenburg County, however, the number of people arrested for DWI has dropped much more than the state, from just under 3,600 a year to 1,600. That’s a 55% decline.

“The numbers are down, and we are aware of it,” said CMPD Sgt. Bernie Reibold, who leads the department’s seven-person DWI task force.

Reibold said the entire department is stretched thin.

“(The drop in arrests) is not on the officer who is working third shift who doesn’t want to make a difference,” he said. “If you look at the last 10 years, we have had an increased call volume, drastically compared with 2013.”

In recent years there has also been a shift away from what’s known as “proactive policing” — such as pulling people over for expired registration or making an improper lane change.

CMPD data shows the number of CMPD arrests and citations has dropped by more than half since 2009. This came as the city’s population grew by nearly 20%.

And with fewer traffic stops, there are fewer opportunities to find drunk drivers.

CMPD Officer Daniel Redford, president of the Fraternal Order of Police, said there’s another problem: DWI cases have become too time-consuming.

“It would not surprise me that there are officers who are discouraged from doing it,” he said. “They may still investigate and say, ‘Hey this guy is drunk,’ but instead of arresting them say ‘Hey, I’m either going to take you home or have you take a cab or have someone pick you up.’”

He said officers believe the judicial system in Mecklenburg favors defendants, and many officers expect to go to court multiple times for a single DWI.

“They are probably just second-guessing whether they want to go through the hassle of prosecution,” Redford said.

D.A.’s office: courthouse was closed, prosecutions are trickier

Mecklenburg Deputy District Attorney Bruce Lillie said there are a number of reasons why DWI convictions are down.

He notes arrests have fallen statewide by 35%, and he points to the courthouse’s extended closure during Covid.

The Mecklenburg District Attorney's Office last fall dismissed roughly 25,000 cases because of a court backlog. It’s looking to dismiss another 100,000 low-level cases.

Lillie also said DWI cases have become harder to prosecute, because the average case now has more evidence that has to be entered, like police body cameras. That can help prosecutors — but also give the defense something else to challenge.

Wake County has essentially the same population as Mecklenburg and deals with many of the same problems as a large urban county.

Mecklenburg has 76 assistant district attorneys and Wake only has 45.

But Wake has four prosecutors assigned specifically to DWIs. Mecklenburg doesn’t have any.

District Court in Wake County has three courtrooms assigned solely for impaired driving, compared with none in Mecklenburg.

“We put a tremendous amount of resources into our DWI prosecution,” said Wake District Attorney Lorrin Freeman.

She said she and other prosecutors have all spent time with families who have lost someone to a drunk driver.

“I think that’s enough to keep you motivated,” she said.

The full version of this article was originally published last week by WFAE. The Ledger is republishing it with permission. Steve Harrison is a reporter with WFAE, Charlotte’s NPR news source. Reach him at sharrison@wfae.com.

Big tower project on Morehead Street seems close to starting; days numbered for Uptown Cabaret?

Mecklenburg County has issued building permits for the Queensbridge Collective development at Morehead and South Tryon streets — a sign that the developer intends to start construction on the two-tower residential/office project in the next few months.

Records show developer Riverside Investment & Development of Chicago received building permits in the last two weeks on the residential tower and parking structure. County records say the residential tower is estimated at $71M in construction costs, with the contractor listed as Clark Construction Group of Bethesda, Md.

The project, announced in 2021, consists of a 45-story residential tower and a 42-story office tower on what are now mostly surface parking lots. Construction was previously projected to begin by the end of 2022. The restaurant Midnight Diner moved uptown last year to make way for the development. Another longtime establishment on the site, Uptown Cabaret, remains open (so we hear).

Plans by Riverside Investment & Development call for a 45-story residential tower (left) and a 42-story office tower. This is a view from the Dilworth area looking toward Bank of America Stadium (upper right). Building permits were issued for the project in the last couple weeks. (Rendering courtesy of Riverside Investment & Development)

Anthony Scacco of Riverside told The Ledger by email on Friday that the company is “very close to having news on [a] groundbreaking date” and that it is “waiting for Brownfields to advance a little further before determining,” which is likely a reference to environmental assessments. Asked when Uptown Cabaret might have to vacate the property, Scacco replied: “All determined by intended construction start.”

News of the permits being approved was mentioned Friday by local development writer Clayton Sealey (CLT Development) on Twitter.

It’s unclear whether Riverside would start with just the residential tower or build both the office and residential towers at the same time. Construction of new office space in Charlotte and around the country has mostly stalled as companies reassess their office needs with workers on hybrid schedules. Real estate insiders have said it’s unlikely companies will build new office towers anytime soon without having lease commitments or substantial financial resources. —TM

Mayor records new up-to-date airport greeting that’s more timeless

Mayor Vi Lyles has recorded a new greeting to play at Charlotte’s airport, after The Ledger reported in January that the old one contained outdated information on Charlotte’s pro soccer team and on the city’s size and growth.

A city spokesman tells The Ledger that the mayor recorded the new message last week. The script:

Hi, I’m Vi Lyles, mayor of Charlotte, North Carolina.
Welcome to Charlotte Douglas International Airport.
Charlotte is known as America’s Queen City, and we are the proud home of the Carolina Panthers, the Charlotte Hornets and now MLS Charlotte Football Club.
If you are visiting the Queen City, we hope you enjoy your experience and take advantage of all Charlotte has to offer, including our world-class restaurants, renowned museums, beautiful parks and much more!
Safe travels, and be sure to visit us again soon.

—TM

Related Ledger articles:

“Fact check: It’s time to update the mayor’s airport greeting” (🔒, Jan. 25)

Eastland tennis proposal revised to include less taxpayer money; more details on 3 possibilities coming today

As we reported Friday, a City Council committee is expected to discuss three proposals for the old Eastland Mall site today: a tennis facility, an aquatic center and a Target.

Now, the proposal for the tennis facility seems to be shifting. The group behind the tennis proposal, called Carolina Serves, has reduced the amount of taxpayer money it says it needs. In a news release Friday, the group said it would require $26.5M in “government investment” and another $11.6M in infrastructure and land preparation, while it would seek to raise $15M in private money. The $38M in public funding is less than the $45M that the group earlier said it needed.

Details on the other proposals for the site are expected to come at the council’s Jobs and Economic Development Committee today at 2 p.m. Neighborhood leaders favor a recreational facility over a Target. —TM

Related Ledger article:

“Choice at Eastland: tennis, swimming … or a Target?” (🔒, March 3)

Is Cristina watching you? Our managing editor’s face to appear on local billboards today to support Dress for Success Charlotte

Look for the face of Ledger managing editor Cristina Bolling on billboards around Charlotte today, part of a Dress for Success Charlotte fundraising campaign that will help women in our community find jobs and achieve upward economic mobility.

The Ledger is happy to lift up local people and organizations that are doing great things for Charlotte, and we’re a media partner for the “Your Hour Her Power” effort, which asks folks to donate one hour of their pay to support the charity and the women it serves. You can find out more about it here, and if you care to lend support, feel free to click the box that says “make this donation in someone’s honor” and type in Cristina’s name.

🎧 More info: To learn more about Dress for Success Charlotte, check out this podcast Cristina recorded with executive director Kerry Barr O’Connor last week.

You might be interested in these Charlotte events

Events submitted by readers to The Ledger’s events board:

WEDNESDAY: Sustainability Game Night, 7-9 p.m., Divine Barrel Brewing. Join Sustain Charlotte for a FREE board game night at Divine Barrel Brewing. We'll provide snacks and games with transportation and building themes like Ticket to Ride and Monopoly Builder. Meet others who are interested in sustainability and have some fun! Free.

➡️ List your event on the Ledger events board.

Clarification

An article in Friday’s newsletter about Claire’s Army should have said that the nonprofit delivered 570 meals to families at Novant Health Hemby Children’s Hospital. Claire’s Army has not supplied meals at Atrium Health Levine Children’s Hospital since the pandemic but instead gives DoorDash gift cards. It hopes to start delivering meals to Levine again soon.

In brief:

Tax hikes from school bond plans: County officials said a $3B school bond advocated by the Charlotte-Mecklenburg Board of Education would lead to a substantial property tax increase. At a meeting Saturday, county leaders said they’re considering a school construction bond of $2.5B or less, which would mean CMS would need to cut back on proposed projects. Taxes would still likely rise in connection with the school bond and other bonds the county plans to put on November’s ballot. (WFAE)
Local TV anchor leaving: WCNC news anchor Fred Shropshire is leaving Charlotte after eight years to take a job at a TV station in Philadelphia, he said on Instagram. Shropshire, 45, anchors the NBC affiliate’s evening newscasts. (Observer)
Northlake Mall ups security: Northlake Mall is partnering with Charlotte-Mecklenburg Police to increase security after three shootings at the shopping center in the last three months, according to a news release. Security measures include increased police presence and 24-hour on-premise security. (Observer)
Layoffs at Red Ventures unit: Tech website CNET, which is owned by Indian Land-based Red Ventures, laid off about 10% of its workforce, or around a dozen people. The layoffs come after news broke that CNET was quietly using artificial intelligence to write articles. (The Verge)
Running for state treasurer? Democratic N.C. Rep. Wesley Harris of Mecklenburg has filed paperwork to run for state treasurer next year. He says he’s in the “exploratory phase” and will decide on running in the next few weeks. (WUNC’s Colin Campbell on Twitter)
Panthers’ workplace conditions: Carolina Panthers players “feel the floors in the pool room are unsafe,” and only 38% say there’s “enough room for everyone in the cafeteria,” according to a new report from the players’ union. But the team got high marks for having big saunas and steam rooms and adequate hot tub space, as well as a locker room with a newly installed golf simulator. (Axios Charlotte newsletter)

Taking stock

Unless you are a day trader, checking your stocks daily is unhealthy. So how about weekly? How local stocks of note fared last week (through Friday’s close), and year to date:

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Executive editor: Tony Mecia; Managing editor: Cristina Bolling; Staff writer: Lindsey Banks; Contributing editor: Tim Whitmire, CXN Advisory; Contributing photographer/videographer: Kevin Young, The 5 and 2 Project

March 7, 2023

Not only have DWI convictions plummeted, but there appears to be a total lack of policing of driving in general. The number of people driving while holding a phone in one hand, rolling through stop signs, speeding very excessively (10+ mph over the limits in town), tailgating, and running stop lights has gotten out of hand. It's really getting to be a major issue and I wish it were addressed!

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