Pubdate: Tue, 16 Sep 2003 Source: Winston-Salem Journal (NC) Copyright: 2003 Piedmont Publishing Co. Inc. Contact: http://www.journalnow.com/ Details: http://www.mapinc.org/media/504 Note: The Journal does not publish letters from writers outside its daily home delivery circulation area. Author: David Ingram HEGE FACES 15 CHARGES Sheriff Is Suspended; DA Files Papers To Have Him Removed LEXINGTON - Sheriff Gerald Hege of Davidson County was charged with 15 felonies and suspended from office yesterday after a wide-ranging state and federal investigation into corruption and misconduct by the sheriff and his allies. Judge W. Erwin Spainhour issued an order for Hege's arrest about 10:15 a.m., after he opened 15 indictments that were sealed Sept. 2. Hege appeared in Davidson Superior Court around noon and was suspended as sheriff before posting a $15,000 bond and leaving the courthouse with his family. District Attorney Garry Frank immediately filed a petition to remove Hege as sheriff, and the 67 affidavits he provided in support of that motion paint a chilling picture of the sheriff as a law-enforcement officer with contempt for the laws he is supposed to enforce. Frank suggested that Hege might retaliate against deputies who the sheriff felt had betrayed him and that the state could not risk keeping Hege in office any longer. 'The whole matter (of removal) is not punishment of this man, but protection of the public,' Frank said. 'And part of that is the protection of this law-enforcement agency.' Hege was indicted on five counts of embezzlement by a public officer - -- five counts of obtaining property by false pretenses -- two counts of obstruction of justice -- and one count each of endeavoring to intercept oral communication, aiding and abetting to endeavor to intercept oral communication and aiding and abetting to obtain property by false pretenses. Cindy Akins, a member of the Davidson County Board of Commissioners, Ron Richardson, the former director of the county's public-buildings and maintenance department and Kathryn Cartner Gentry, the county director of senior services, were also indicted. By the time each domino had fallen, all 36 sealed indictments were opened. Maj. Dallas Hedrick was named acting sheriff. Hege did not say anything publicly all day and spent most of the morning secluded in his office. With a throng of reporters and photographers swarming the county courthouse, particularly in front of the sheriff's office, Hege took a back route and made his first court appearance shortly before noon. Agents with the State Bureau of Investigation, who had arrested Hege in his office, escorted him to the courtroom. The SBI has spent months investigating nearly every aspect of Hege's office, from how he spent money to whether he used racial profiling in patrols. The inquiry into Hege's office grew out of another investigation, which began last fall into Richardson's actions as the director of public buildings and maintenance. Richardson faces 19 felony counts, most of which are related to using county resources for private purposes. Much of the evidence against Hege was not made public - the SBI investigation was continuing yesterday - but in the indictments he is accused of embezzling $6,200 from the vice and narcotics unit. According to the indictments, the money was used for, among other things, a celebration dinner after Hege's 1998 re-election and for personal travel for an unnamed employee of the sheriff's office. Hedrick, who became the chief deputy yesterday morning, is in charge of the department until Hege is reinstated or a new sheriff is approved by county commissioners, who by law must accept the recommendation of the county Republican Party's executive committee. During the hearing in which Hege was suspended with pay, Frank told Spainhour that Hege was guilty of negligence, misconduct and maladministration - all of which are cause for removal of a sheriff under state law. Frank submitted 67 affidavits to support Hege's removal or suspension until a hearing on the matter is held. The affidavits include 27 from law-enforcement officials, including Maj. Danny Owens who was the department's chief deputy until Hege demoted him at about 10:30 a.m. yesterday. 'As you read these affidavits, you will see a thread of intimidation . and obstruction that cannot be tolerated for one more day,' Frank told the court. Frank read aloud three affidavits in which deputies describe a Sept. 2 meeting at Randy's Restaurant on U.S. 64. There, they said, Hege said that several deputies were cooperating with the SBI in its inquiry of his office. The deputies quoted Hege as saying that employees who he finds giving incriminating statements against him 'are going to be gone.' Hege and one of his sons, Gerald 'Keith' Hege Jr., are accused of making similar threats in other affidavits read by Frank. Once, Frank said, Hege made a throat-cutting motion with his hand while talking about a plan to 'get rid of anyone who's made statements about me.' Hege was also quoted as saying that no Superior Court judge would dare remove him from office. Owens, who as chief deputy was next in line to be sheriff should Hege be removed, testified that retaliation might already have started. Owens was the only witness called yesterday, and he said that two captains, Christopher Coble and Jody Shoaf, informed him of a demotion just minutes after Hege's indictment was made public. William Hill, one of Hege's attorneys, argued that all the deputies who submitted indictments are still employed and that Frank was making too much out of 'idle chatter.' Hill said he and Walter Jones, Hege's other attorney, needed more time to review the affidavits before any decision to suspend the sheriff was made. 'The sheriff, under statute, is entitled to due process,' Hill said. 'I was handed (the petition for removal) literally as I walked through the door.' Spainhour disagreed, and he suspended Hege with pay as of 12:35 p.m. 'I think there is sufficient evidence from the affidavits I've read and the testimony I've heard, all of which are very compelling reasons at this point to suspend the sheriff until there's a hearing,' Spainhour said. The hearing on whether Hege should be permanently removed is set for Sept. 29. Spainhour ordered Hege not to return to his office and not to contact anyone involved in the investigation. The suspended sheriff - who earlier was fingerprinted and photographed - was given a $15,000 secured bond, which he soon paid at the criminal magistrates' office. 'He's got to be treated like everyone else,' Spainhour said. Spainhour was reassigned to this week's session of Davidson Superior Court Aug. 25, after Davidson's resident judge, Mark Klass, requested an out-of-district judge. Spainhour is the resident judge in Cabarrus County. Hege - dressed in his usual black, paramilitary uniform with a 'Team 101' hat - showed almost no emotion during court yesterday. He stared straight ahead for most of the proceedings and rarely spoke with his attorneys. It was a rare sight for the man who often called himself 'America's toughest sheriff,' and has often been a media magnet. Upon taking office in December 1994, he immediately gained prominence by stripping the televisions from the Davidson County Jail. He then ordered the jail painted pink with blue teddy bears. Hege reinstated chain gangs for prisoners and regularly set up roadblocks around the county, stopping everyone from teen-agers leaving school to N.C. Secretary of State Rufus Edminsten as he left a fund-raiser. Over time, he clashed with county commissioners over such issues as the purchase of two Harley-Davidson motorcycles and, more recently, the shooting of a bull that cost the county $5,000. Hege preached his tough-on-crime gospel on a radio show and on Live from Cell Block F, at one time the highest-rated original show on Court TV. He could face six to eight months in prison for each charge brought against him yesterday. After Hege had left the courthouse, his attorneys expressed confidence that, once they have a chance to examine evidence, they could prepare a defense. 'An indictment isn't a narrative of what happened. In many cases it's just two or three sentences,' Jones said. Hill described Hege as in good spirits, considering the circumstances. 'When you're indicted and charged with a crime, it's tough for everyone,' he said. Richardson, Akins and Gentry were released yesterday after each posted a $10,000 unsecured bond. Akins is accused of having Richardson install locks on her apartment door while he was on county time, and Gentry is accused of having him install a hot-water heater in her home, also on county time. Gentry has worked for the county since May 1989 and her current annual salary is $50,450, according to county personnel records. At the beginning of the investigation, however, was Richardson, who resigned in January. He was charged yesterday with 10 counts of obtaining property by false pretenses -- four counts of private use of a publicly owned vehicle -- three counts of aiding and abetting the private use of a publicly owned vehicle -- one count of aiding and abetting obtaining property by false pretenses -- and one count of intercepting and disclosing wire, oral or electronic communication. The indictments describe Richardson as repeatedly using county employees and equipment to complete personal tasks. He is accused, for example, of painting another person's tractor while on county time and of directing two employees to help move an entertainment center unrelated to county business. Four indictments accuse Richardson of using county resources to purchase or maintain his personal fishing boat. The new chief deputy and acting sheriff, Hedrick, is a Lexington native who started with the sheriff's office in 1977 as a deputy. He said he spent much of yesterday meeting with deputies and department heads, and that he hadn't spoken with Hege. 'I imagine each one has his own thoughts and opinions. I'm working to get everyone in a positive frame of mind,' he said ? David Ingram can be reached in Lexington at (336) 248-2074 or wsjournal.com (Sidebar) Sheriff Gerald Hege of Davidson County was charged with 15 felonies and suspended from office 9/15/03 after a wide-ranging state and federal investigation into corruption and misconduct by the sheriff and his allies. 1. Endeavor to intercept oral communication 2. Aid and abet endeavor to intercept oral communication 3. Aid and abet obtaining property by false pretenses (2) 4. Obtaining porperty by false pretenses 5. Obtaining porperty by false pretenses (2) 6. Obtaining porperty by false pretenses (3) 7. Obtaining porperty by false pretenses (4) 8. Obtaining porperty by false pretenses (5) 9. Obstruction of justice 10. Obstruction of justice (2) 11. Embezzlement by public officer and trustee 12. Embezzlement by public officer and trustee (2) 13. Embezzlement by public officer and trustee (3) 14. Embezzlement by public officer and trustee (4) 15. Embezzlement by public officer and trustee (5) - --- MAP posted-by: SHeath(DPFFlorida)