A bill largely crafted in Charlotte-Mecklenburg would make custody decisions involving violent crime and repeat offenders more public — possibly closing a “revolving door” that puts many of them back on the street before they appear before a judge, two of the county’s criminal justice leaders told a Charlotte civic group on Wednesday.
The “Pretrial Integrity Act” already has passed the N.C. House and awaits action in the state Senate.
In a rare joint appearance during a luncheon meeting of the Hood Hargett Breakfast Club, Mecklenburg District Attorney Spencer Merriweather and Charlotte-Mecklenburg Police Chief Johnny Jennings said the bill would require bond decisions for repeat offenders to be made by a District Court judge, not a magistrate.
It would also require that custody decisions for multiple categories of violent crime take place in formal court hearings where all the parties face greater accountability, they said.
Too often, according to Merriweather, defendants accused of violent crime are released by magistrates only hours before those same cases could have been heard by a judge, when victims, prosecutors and defense attorneys would have the chance to take part.
For now, Merriweather said, the quick pretrial release of defendants charged with violent crimes undermines the willingness of victims and witnesses to cooperate with police and prosecutors.
The bill was sponsored by Rep. John Bradford of Mecklenburg County in consultation with Chief District Court Judge Elizabeth Trosch, Merriweather and Jennings, the district attorney said.
The bill was only one of the public safety topics Merriweather and Jennings discussed during a wide-ranging conversation before about 75 Hood Hargett members, moderated by news anchor Molly Grantham.
Among the others:
Violent crime easing
Despite perceptions to the contrary, Jennings said violent crime in Charlotte-Mecklenburg has decreased for three straight years. The numbers fell 7.5% in 2021; 5% in 2022; and 11% so far in 2023.
In an interview after the event, Merriweather said the county’s numbers of homicides are basically flat: 28 to date compared to 30 at this time in 2022. That said, there is a 5-year backup for homicide trials.
Empty desks
Both the prosecutors’ office and police department are racked with open jobs.
Jennings said CMPD has more than 200 officer vacancies, which he attributed to the demands of police work, the limited pay, and the current highly charged public scrutiny and criticism over how police do their jobs.
“Recruitment and retention is huge,” Jennings said. “It’s difficult because you’re not going to get rich and (all the) negative stuff on social media about police.”
Merriweather said 10 of his 85 assistant district attorney slots are open. But that’s only part of the problem.
A county with the population and criminal caseload of Mecklenburg County needs 120 prosecutors, he said. The state pays for 62 positions; Charlotte and the county underwrite 23 more.
“They fund you and resource you like Mayberry,” Merriweather said of the General Assembly.
He said comparisons to Raleigh and Wake County are misplaced because that metro area features a smaller center city surrounded by a much larger suburban component compared to Charlotte-Mecklenburg, where the volume of crime is higher
“We have radically different problems and radically different needs than they do,” he said.
Well-regulated militia
Asked by an audience member whether an armed citizenry made the county safer, Jennings and Merriweather said no.
The chief said firearms often escalate situations. Carrying a gun into an argument “means the gun is always going to be involved,” Jennings said.
Merriweather says gun ownership has serious side effects. Too much of the violent crime in the county involves legally owned weapons stolen from homes and vehicles.
“There are responsible owners,” he acknowledged. “But I know the number of stolen firearm cases that come into my office.”
About those gangs …
Asked whether Charlotte’s gang problem is an unfounded perception or a reality, Jennings chose the latter.
“For years we didn’t want to scare people and say we have a gang problem,” he said. “But at some point you have to recognize the problem and say what are we going to do about it?”
Now CMPD has a gang unit: “It took us years to say we needed that,” Jennings said.
Most of Charlotte’s gangs are small, 15 or fewer members, he said. “But we also still have some of the major gangs, … the Bloods, the Crips.”
Merriweather said gang members are responsible for significant amounts of crime, though it is rarely classified as gang-related because the members were acting alone, not in the criminal interests of the group.