RALEIGH, N.C. (WNCN) – More than 174 cases, including 104 DWI cases, have to be thrown out after the Wake County District Attorney confirmed Thursday that a Wake County deputy filed false reports in previous DWI court cases.
Lorrin Freeman, the Wake County DA, said an order issued by Wake County judge Jacqueline Brewer found that Wake County Sheriff’s Deputy Robert Davis filed false reports with the court in two cases and provided false testimony in a third case.
Wake County Sheriff Donnie Harrison confirmed other DWI cases that Davis was a witness to will now have to be dismissed.
Harrison said he received the court order regarding Davis and said he was dismissed.
“This is the hardest part of my job terminating an employee, especially an 18 year veteran. But my job is to make sure the public is taken care of,” said Harrison. “It makes me sick to my stomach. Do we make mistakes absolutely but when you get information like this it really hits hard.”
Freeman said they now have to throw out 175 cases that Davis was involved in, 104 DWI cases and 71 other traffic matters.
“Some of which had prior DWI charges, some had children in their vehicle so this isn’t happy day for anybody to have to let those cases go but it’s important that we do things right,” said Freeman.
Harrison said it is something that impacts the entire department.
“You’ve got to have credibility, you have to treat people like you want to be treated. We take an oath to tell the truth, and we should be a notch above everybody else,” Harrison said.
Davis could also face perjury charges. It will be up to the DA’s office to file those charges, which Freeman says they are considering.
According to recently released documents, on the night of Aug. 2, 2014, Katrina Weaver was arrested by Davis and charged with driving while impaired.
The document shows that Davis read Weaver her rights. Davis and Weaver then had a conversation about her “desire to invoke her rights and contact a witness to view her testing procedures.”
Weaver tried to make a call but could not get a line out, documents show. Weaver handed the phone to Davis who was also unsuccessful at getting a line out.
After a 15 minute observations period, Davis told Weaver it was time for a breathalyzer. Weaver indicated she still had questions about the test and questioned why she had not been able to contact a witness.
At that time, Davis marked Weaver as refusing to take the test, documents show.
Weaver challenged the allegation that she refused the breathalyzer during a hearing in March 2015.
The documents also show that Davis filed the report with the Wake County Clerk of Court “despite knowing that it contained information that was false.”
Davis was with the Wake County Sheriff’s Office for 18 years and was part of the DWI task force.