David Vows to Try again if Greene Wins in November
• SBI Investigation ongoing.
District Attorney Jon David said this afternoon that he intends to file a new petition against Former Sheriff Jody Greene is Greene wins the November election.
"Should Greene be successful in the November election, my office would have an ethical obligation to file a new petition to remove Greene from that term of office based on the allegations alleged in the current petition to remove," David said in a press release.
"My office has received a flood of requests for interviews and questions regarding the impact of Greene’s resignation on his candidacy for sheriff during the November 2022 election and his ability to serve thereafter should he win the election," David said.
"The District Attorney's Office voluntarily dismissed the removal case against Greene Monday morning (today) after Greene submitted his immediate resignation to the court. The dismissal nor the petition prevented him from continuing to run for sheriff."
David petitioned the courts for Greene's removal after a three-year-old recording was released by Jason Soles, the Democrat challenging Greene for the sheriff's post. In the recording, the speaker identified as Greene uses racial epithets and vulgar language, and describes firing black personnel at the sheriff's office.
"The charges in the petition and the amended petition to remove are not matters that can be cured by today’s resignation of his current term," David said in the release. "These allegations speak through time and are disqualifying to anyone seeking to hold the high office of sheriff."
David said there is legal precedent set by the state Supreme Court. The court ruled that a wrongful behavior by a public official can become the basis for a lawyer petition for removal.
"In a petition to remove Henderson County District Attorney Gregory Newman," David wrote, "where the defendant argued that the petition applied only to the term in which the behavior occurred, Superior Court Judge Robert Ervin addressed the issue writing, 'If this proposed interpretation [of the removal statute] was adopted, a district attorney, who had engaged in misconduct, would have an incentive to conceal or cover up his or her misconduct until their current term expired so that the wrongful conduct could not be relied upon to justify their removal.'
"'...courts normally adopt an interpretation which will avoid absurd and bizarre consequences, the presumption being that the legislature acted in accordance with reason and common sense and did not intend untoward results.'”
David said that similarities between the process to remove elected sheriffs and District Attorneys "leads my office to believe that it is appropriate, and necessary, to file a petition based on the current allegations, as well as any new allegations that may come to light."