DA finds no basis for prosecution of Charlotte City Councilman

CHARLOTTE, N.C. (WBTV) – The district attorney said there is no basis for prosecution following an investigation into a Charlotte City Councilmember’s potential conflict of interest.

James “Smuggie” Mitchell stepped down from Charlotte City Council in January 2021, after he was offered a position at construction firm RJ Leeper, a company that has worked on the Transit Center, Spectrum Center, Convention Center and other city projects.

That job only lasted months, and in March of 2022, Mitchell filed to run for an at-large council seat again and won. But the lingering question was whether he had a 25% ownership stake in Leeper, which WBTV asked him about when he announced his candidacy.

“I still have 25 percent ownership stake for Leeper, but I don’t have the same conflicts because I’m not the CEO,” Mitchell previously said.

Related: Investigation into Charlotte City Councilmember sent to DA’s Office

According to Mecklenburg County District Attorney Spencer Merriweather III’s report, Mitchell enjoyed no control of his ownership interest as of March 2022.

“Additionally, there is no evidence suggesting Mr. Mitchell performed any active engagement or oversight in the operation of this company since his termination in July 2021,” Merriweather’s report stated.

The district attorney added that “the most believable” evidence indicates Mitchell has no present business relationship with Leeper Construction that is legally inconsistent with his position on the Charlotte City Council.

“It is important to note that this investigation never produced any suspicion of self-dealing, corruption, or any demonstrated intent on behalf of Mr. Mitchell to use his public office for personal gain or profit. He was forthcoming with investigators and answered every question they asked of him,” Merriweather wrote.

The district attorney concluded that the overwhelming evidence was that Mitchell doesn’t have an existing ownership stake in the company, “leaving no basis for his prosecution under the criminal law of the State of North Carolina.”

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