The Lenoir County Sheriff’s Office now faces two complaints regarding the arrest of Brittany McPhail.
Judge W. Brian DeSoto ruled McPhail not guilty of resisting arrest in Lenoir County District Court Feb. 19, and she filed a complaint against the LCSO March 1. Her father, Jimmy, lodged a complaint last year.
“The matter is under investigation,” LCSO Chief Deputy Chris Hill said.
State law prohibits law enforcement from providing details on an ongoing internal investigation.
On Feb. 19, LCSO Detective Michael Williams said in court that at about 11:30 p.m. on July 5, 2012, he was headed home after assisting the N.C. Highway Patrol with a traffic checkpoint. He said he came upon a gold car at the intersection of Falling Creek and Paul’s Path roads. Along the way to La Grange, the detective said he saw it cross the center line several times, once make an unusually wide turn and not stop at a red light on U.S. 70 before turning onto East Washington Road.
Williams said he turned on his lights and siren, but McPhail didn’t pull over until reaching Travelers Service Station in La Grange.
McPhail, a student at UNC Greensboro, said in her testimony she was on her way home from a summer job in Kinston and noticed a car pulling up to her bumper and backing away several times, in an intimidating manner. Williams’ patrol car was unmarked and had lights on the inside, not on the roof. When he turned on his lights, McPhail called her father, who told her to go to the nearest lighted area with people around.
Both McPhail and her father said on the witness stand they were concerned about a possible assault coming from a person posing as a law enforcement officer.
The accounts of law enforcement, the McPhails and witnesses diverge further after the cars stopped at the service station. In his testimony, Williams said she was uncooperative and physically resisted deputies. McPhail said Williams was verbally abusive and physically hostile.
By all accounts, deputies removed McPhail from her car, restrained her on the ground, pepper-sprayed and cuffed her.
After McPhail was arrested at the service station, deputies took her to the Lenoir County magistrate and she received a $500 bond.
In her complaint, McPhail specifically cites deputies David Felton, Justin Gorman, Brad Hatch and Williams. She accuses Felton, Hatch and Williams of assault on a female, aggravated assault, kidnapping, violating her civil rights and committing a hate crime.
McPhail specifically alleges Williams falsified the entire ordeal and committed perjury. She cites Gorman in the complaint for assisting with the arrest and kidnapping.
In ruling her not guilty, DeSoto said there was too much reasonable doubt.
Calls to McPhail weren’t returned as of press time.
Wes Wolfe can be reached at 252-559-1075 or wes.wolfe@kinston.com. Follow him on Twitter @WolfeReports.
Breakout Box
Timeline of events
n July 6, 2012: Brittany McPhail charged with resisting a public officer
n Oct. 9, 2012: Case continued
n Dec. 18, 2012: Case continued
n Feb. 19, 2013: McPhail ruled not guilty
n March 1, 2013: McPhail files complaint against LCSO
Source: District Court records