Forsyth Sheriff Rewrites NC GS § 14-54: Who needs Raleigh…


March 11, 2014

Yesterday’s Journal article “Cunningham Endorses Griffith for Sheriff”  concluded with a quote from our incumbent Sheriff,

“Keeping our community safe is what the voters of Forsyth County elected
me to do, and that’s what I’ll continue to do, regardless of the
politics.”  

He used this no ‘count statement and the article to suggest that legitimate concerns such as those expressed on this site are “politically motivated.” 


Well…hello.  Ding Ding Ding we have a winner.  This is the most politically motivated race in the county.  As it should be.  I am officially declaring the Forsyth County Sheriff’s office (FCSO) a disaster area.

It is politically motivated for good reason.  We need a new sheriff!  


His suggestion that Kernersville Police Department (KPD) Chief Cunningham, my blog, citizen concerns, or the Griffith4Sheriff website is factually inaccurate is ludicrous.  One only has to read the FCSO annual reports, the FCSO website, news articles, and actual video of the incumbent to hang him with his own numbers and words.  We cannot “make up” the District Attorney releasing sex offenders, or GRNC documented 2nd amendment violations, or interviews/articles published by mainstream media.


That the WS Jourinal had the nerve to quote City Manager Lee Garrity calling Chief Cunningham a liar is most amazing.  Hopefully this low down lyin’ attempt to protect the incumbent will come back to bite the Journal and Garrity in the rear end.   For several years, Cunningham was stuck in the middle of that liberal quagmire known as Winston Salem as Chief of Winston Salem Police (WSPD).  It stands to reason he would KNOW whether the jail was charging to process arrestees.  It is a FACT that Kernersville Town Manager Curtis Swisher verified Cunningham’s statement and stated that Kernersville will NO LONGER make these payments after June 30.  

That FCSO would only charge the KPD for this service and not charge neighboring WSPD is ludicrous, illogical, and a bad attempt at covering up the double billing of these services to Forsyth County tax payers.   This double billing comes out of the pocket of every tax paying citizen in our county.


Anyway, enough of that, I need to get to today’s lesson.  Shots would call it “less than factual” but why don’t you decide for yourself.  I’ve warned my readers repeatedly.  Do not let Schatzman “tell” you how to feel.  Do not let him manipulate your understanding of the truth away from his actual record.  Let your personal common sense kick in, and once that happens…pay attention to it!  Act upon it!


In a previous article, it was revealed that Schatzman made changes to certain departmental forms in 2008.  Specifically he changed the way deputies wrote up and documented certain crimes, specifically breaking and entering (B & E) and vandalism.


Next I want you to take a look at this short soundless video.  Watch until the end (a little over a minute) and then I’m going to ask you a question.
  

Ok.  What kind of crime did you just witness?  Was it a B & E or was it a Vandalism?  It is not a trick question.  What does your common sense tell you?

According to officers at both the Winston Salem Police Department and Kernersville Police Department, the above crime would be classified as a B & E.

Just for clarification, I went to the NC General Statutes-Chapter 14 Article 14 and found the following definition.

§ 14-54. Breaking or entering buildings generally.
(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.
(a1) Any person who breaks or enters any building with intent to terrorize or injure an occupant of the building is guilty of a Class H felony.

According to Criminal Defense Lawyer.com  

“Breaking and entering” is using any amount of force to enter a building
without permission. Even opening an unlocked door or window constitutes
breaking and entering. A dwelling is a place where a person lives or
sleeps. If the dwelling is occupied, burglary is punished more severely,
as first degree burglary. If the dwelling is not occupied, then the
crime is second degree burglary. (N.C. Gen. Stat. Ann. § 14-51.)

This website also states:

For burglary and felonious breaking and entering, the defendant must enter with the intent to commit a felony or theft…the crime of burglary occurs as soon as the defendant enters into the
building or vehicle with the illicit intent, even if the intended felony
or theft never occurs.”

They describe vandalism as:

Vandalism occurs when a
person damages someone else’s property without the owner’s permission.
Any action that causes actual physical harm to property, or that
diminishes the property’s value, qualifies as vandalism. For example,
common activities such as breaking windows, keying cars, or tagging
structures with paint or other forms of graffiti count as vandalism. As
long as you are not the owner of the property, or do not have the
owner’s permission, any damage to any property is covered under
vandalism laws. The damage can be very slight, and the property can be
real estate, personal property, or property owned by the public.

Interestingly enough, in NC, General State 14-398 makes it a Class F felony if theft or destruction of property of public libraries and museums exceeds $50 in damages.  In the context of the above video clip, damages to the home/door certainly exceeded the $50 limit. This is obvious to anyone  who has done home repairs or who has recently replaced a lock.

According to NC General Statute, WSPD, KPD, and a random online legal website, we have verification that INDEED, the above video meets the criteria for felony breaking and entering with intent to commit felony or larceny or terrorize…

In 2008, Sheriff Bill Schatzman changed report writing procedures.  Specifically, as long as nothing is stolen, the above video is now classified as a misdemeanor.  That’s right.  FCSO deputies are required to write it up a misdemeanor vandalism.   This would insinuate that the above violent act, kicking in a door, is devoid of intent.  As if doors just get kicked in for no reason all the time.

I hate it for all you folks who live in the county and not within jurisdiction of WSPD or KPD.  If your area is patrolled and under the jurisdiction of FCSO, be reminded…the man between you and the criminal, incumbent Sheriff Bill Schatzman, considers this criticism of his manipulation of NC General Statute 14-54 politically motivated, factually inaccurate, and unfounded.  He also fancies himself as “keeping the community safe” and enforcing the law.

Strange what a man will do to manipulate the crime numbers to make himself look good.  To bad it didn’t work.

Copyright ©Sandra Robles
 



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