A North Carolina appeals court on Tuesday threw out the convictions of a former sheriff's deputy for falsifying firearms training and qualification requirements for former superiors — including the then-county sheriff, who is now serving prison time for crimes.
A three-judge panel of the Court of Appeals vacated 12 felony obstruction of justice convictions against ex-Granville County Deputy Chad Coffey, declaring that the indictments against him failed to contain all the necessary elements for the charges. A jury convicted him in February 2022, after which Coffey served five months in prison.
Coffey was a certified firearms instructor who taught courses for sheriffs and their deputies to satisfy their annual in-service firearm training requirement.
NC ENVIRONMENTAL BOARD CAN END LAWSUIT AMID GOV. COOPER'S ONGOING MEMBERSHIP CHALLENGE, JUDGES SAY
Coffey, at the urging of then-Granville County Sheriff Brindell Wilkins and Wilkins' chief deputy, certified over several years in the 2010s they attended the mandated training when they didn't, and created firearms scores neither had earned, according to evidence at trial.
Coffey acknowledged at trial he falsified documents and Coffey's attorney said his client was following Wilkins’ orders and didn't know he was breaking the law.
Writing the prevailing opinion, Judge Toby Hampson said obstruction of justice requires intent for "the purpose of hindering or impeding a judicial or official proceeding or investigation or potential investigation, which might lead to a judicial or official proceeding."
"While these alleged actions are wrongful, there are no facts asserted in the indictment to support the assertion (Coffey's) actions were done to subvert a potential subsequent investigation or legal proceeding," Hampton added. Chief Judge Chris Dillon suggested in a separate opinion the actions may have constituted another common-law crime called "misconduct in public office."
Wilkins, who served 10 years as the elected sheriff until 2019, was found guilty in 2022 of obstruction of justice and fraud-related charges involving the false gun-training documents. Wilkins has appealed those convictions.
Last October, Wilkins pleaded guilty to several other counts related in part to allegations of improper evidence practices and that he urged someone to kill another former deputy.
Wilkins is set to be released from prison in February 2025, according to state correction records.
