175 Wake DWI, traffic cases dismissed under cloud of deputy's testimony
Posted March 31, 2016
Raleigh, N.C. — Wake County District Attorney Lorrin Freeman is dismissing 104 cases of driving while impaired, and an additional 71 traffic-related offenses after a judge found that a Wake sheriff's deputy lied on the stand.
Last week, District Court Judge Jacqueline Brewer disqualified Deputy Robert Davis as a witness after determining that he had lied in at least three cases. Freeman then dismissed other cases in which he was a witness.
"He violated the defendants' rights," Freeman said. "He was untruthful on the stand."
In seeking to get her charge dismissed, a woman whom Davis arrested in August 2014 made the case that he had not allowed her to make her phone call or to take a breathalyzer test. At a hearing on that woman's case, Davis denied her claims.
"Deputy Davis' testimony at the hearing on this matter ... was false," Brewer wrote.
"Deputy Davis has shown a pattern of providing false statements and false testimony," she added.
Bill Finn represents the woman whose case started the investigation into Davis' conduct. He said Davis did not allow his client to call a witness into the breathalyzer room, and then lied about it in court. The lie was discovered because there was video of the encounter.
"(Davis) made statements under oath at two different hearings that were false," Finn said. "You've got to have faith in the system, that people are down here making correct statements and they are telling the truth."
Wake Sheriff Donnie Harrison said Davis, who had served 18 years with the sheriff's office, was fired after the information came to light.
"It is really hard, but my job is to make sure the public is taken care of," Harrison said. "I had no choice but to terminate him. Law enforcement is my life, and I want people to be treated correctly."
Freeman told WRAL News, at this point, she does not expect charges to be filed.