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Judge denies petition to suspend Lincoln County Sheriff

LINCOLNTON, NC (WBTV) - The Lincoln County sheriff will remain in his office at least until the beginning of the new year after a judge denied a petition request on Friday to have him suspended.

Lincoln County Attorney, Jeff Taylor, filed a petition asking the court to suspend Sheriff Tim Daugherty.

"We ask you to do it because we think it's the proper thing to do to keep confidence in this community in their law enforcement," said Ed Hinson, Taylor's attorney.

Daugherty is accused of lying to state investigators and letting a suspected drunk driver who was a personal friend of the Sheriff's former chief deputy, Barry Taylor, go free. 

The sheriff denied knowing anything about it.   The State Bureau of Investigation, however, later accused the sheriff of lying and charged Daugherty with two felonies.

His attorney argued Daugherty is innocent until proven guilty.

"Suspending him now your honor simply because he's been indicted does not seem just or reasonable," Sean Devereux, Daugherty's Attorney.

During Friday's court hearing, Judge Richard Boner denied the petition saying the Sheriff was not a threat to the citizens of Lincoln County.

"It appears to me the Sheriff's department is operating as it should," said Judge Boner.

Following Friday's court hearing, the sheriff shook hands with his supporters who were present in the courtroom and he exited through a back door without commenting to the media.

The Sheriff still has to go to trial in January on obstruction of justice charges.

If he's found guilty he will be removed from office. If he is found not guilty, he will still have to go through a removal hearing the week of January 18th.