ASHEVILLE - A Buncombe County sheriff's deputy investigated for potential excessive force in an arrest will not face criminal charges.
That is according to District Attorney Todd Williams, who updated the Citizen Times on Aug. 16 on the investigation into Lt. Scott Eugene Robinson.
Williams in a texted statement said he received an investigatory file on June 28 from the State Bureau of Investigation on the incident that occurred six months ago.
"On July 18, 2022, this office completed review of the investigatory file," Williams told the Citizen Times. "On June 20, 2022, I advised the N.C. SBI to refrain from initiating charges in the Robinson case."
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Robinson, 50, could not be reached for comment.
Because of SBI investigations are not public according to state law,little is known about the incident. A spokeswoman for the bureau, Anjanette Grube, said the probe stemmed "from an arrest that happened on February 17."
According to a social media account that appeared to be no longer accessible Robinson waspart of the Buncombe County Anti-Crime Task Force, a unit involved in what was described by sheriff's officials as the dismantling of a criminal conspiracy that started with the Feb. 17 arrest of Dennis Gates Miller and Hope Elizabeth Baker on"numerous gun and drug charges."
Miller is scheduled to appear in Buncombe Superior Court on Aug. 18 and Sept. 29 on multiple felony chargesincluding possession of a firearm by a felon, larceny, and trafficking heroinor opium. Baker is scheduled to appear on Aug. 24in District Court, on charges oftrafficking in heroin or opium, trafficking in methamphetamine, and numerous other felonies.
Other BCAT officers have found themselves under scrutiny and one of them found civilly liable after Marcus Hyatt, a Black Candler resident, was detained in 2018for hours and strip-searched in a gas station bathroom before being let go with no charges.
In an Aug. 3 ruling, U.S. Chief District Court Judge Martin Reidinger in Asheville saidDeputy Jeff May had "gone rogue" by lying about smelling crack cocaine andfalsifying a drug field test in order to get a warrant for the strip search. Reidinger said May was to pay Hyatt $50,000 for violating hisconstitutional rights.
Other deputies were found not liable as was Quentin Miller, the county's first Black sheriff elected in 2018.
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Miller's spokesperson, Aaron Sarver, did not respond to Aug. 4 questions about how the ruling would affect May's employment.
Once part of BCAT, the Asheville Police Department pulled outin 2020.
Williams declined to comment further on the SBI report, but in the statement said he contacted the sheriff, per amemorandum of understanding that he and the heads of local law enforcement agencies signed in 2020.
The memorandum requires an agency leader to notify the DA of officermisconduct. If the misconduct isthought to be criminal, the DA and law enforcement head are to request an SBI investigation.
Even non-criminal misconduct could lead to a decision by the DA to no longer use the officer asa witness in future cases, since defense attorneys could point to that behavior as a reason for the officer's testimony not to be trusted.
After an SBI report is completed and the DA reviews it, the DA is to tell theagency head his charging decision and provide the SBI report.
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The sheriff's office has declined a Citizen Times public records request for Robinson's personnel file. On Aug. 16 Sarver, the sheriff's spokesperson,said in an email therewere no "records responsive to this request."
Sarver did not respond to emailed questions about Robinson's employment status, including whether he was still on leave as he had been since the investigation.
Sarver also did not respond to a phone call seeking further comment.
Under state law, the county can withhold certain personnel records. Those are testing materials used for employee promotions, materials about a criminal investigation while the investigation is ongoing, information that might identify an undercover officer as well as notes, preliminary drafts, and internal communications about an employee.
A county employee database created by the Citizen Times, however, showed Robinson employed on Aug. 2 as "Executive Lieutenant" with a salary of$73,778.
He started with the sheriff's office in 2014.
In 2020, Robinson was one of two officers who confronted and shot aman firinga 9 mm pistoloutside the courthouse. The man died, and the officers were cleared of any wrongdoing.
Prior to Buncombe, Robinson worked as a Haywood County deputy where heresponded to the 2010 fatal shooting of state Trooper Shawn Blanton Jr. andtestifiedhekicked shooterEdwardo Wong Jr. in the head. Robinson said he knew itwas wrong but that he was in a"heightened emotional state." Hewas not charged with any crime.
Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess atjburgess@citizentimes.com, 828-713-1095 or on Twitter@AVLreporter. Please help support this type of journalism with asubscriptionto the Citizen Times.
