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By Joe DePriest
jdepriest@charlotteobserver.com
Lincoln County Attorney Jeff Taylor has asked a judge to remove embattled Sheriff Tim Daugherty from office.
Taylor filed a petition in Lincoln County Superior Court on Monday, asking the court to order a hearing on the matter as soon as possible.
Lincoln County commissioners voted unanimously in October to authorize Taylor to begin legal proceedings against Daugherty, who has been indicted on two counts of felony obstruction of justice. He is accused of covering up a fixed drunken-driving investigation.
Daugherty has pleaded not guilty to the charges and said through his attorney that he would not step down. Commissioners have asked him twice to resign. He could not be reached for comment on Tuesday.
Taylor said the case would likely be heard next week by Judge Richard Boner of Mecklenburg County, who is presiding in a murder trial this week in Lincoln County.
Lincoln County Commissioner George Arena said Tuesday he hoped the issue would be handled promptly, for the benefit “of our law enforcement officers and the citizens of Lincoln County.”
If Daugherty is suspended, the new chief deputy, Larry Stanley, would take over.
The indictment against the sheriff cites conflicting statements and evidence that Daugherty gave when he first learned about a Feb. 25, 2007, case in which his former chief deputy, Barry Taylor, helped Dr. Daniel Senft avoid a DWI charge.
Daugherty told the State Bureau of Investigation that he had no involvement in the case.
But after further investigation, SBI agents learned that Daugherty allegedly instructed the chief deputy to take Senft to his office and later release him, preventing the arresting officer “from offering the chemical analysis to Daniel Senft or performing any other acts necessary to complete his duties.”
Taylor was convicted of misdemeanor obstruction of justice in September and fired less than a week later.
As an elected official, the sheriff cannot be removed by local government officials. The petition filed on Monday states Daugherty should be immediately suspended from office “because there exists sufficient causes to appear that he committed acts of willful misconduct and maladministration.”
After hearing the evidence, the petition asks the court to remove Daugherty from office.
