RFP Staff
♦ William Sherrill Barber, III (Commissioner Jon Barber) plead guilty to one count of misdemeanor larceny in Rowan County Criminal District Court this morning before the Honorable Brent Cloninger, a visiting district court judge from neighboring Cabarrus County. The prosecutor was Mr. Scott Harkey, from the North Carolina Conference of District Attorneys
Prosecutor Harkey submitted a brief factual basis to the Court, stating that during the time alleged, Mr. Barber has been serving as a Rowan County Commissioner, with access to the Commissioner’s Suite, in which there is a “workroom” that gave him access to a copier, paper, and materials which Mr. Barber used to print “thousands of documents not related to county business”. That in early 2013, Mr. Barber was confronted by fellow commissioners for making unauthorized copies, and that Mr. Barber had admitted and agreed not to make further copies. And that “large-scale print jobs”, numbering between 6,000 and 12,000 pages, were made through December 2013,” using paper and ink belonging to the County of Rowan without consent, and with the intent to permanently deprive the owner of said property.
Mr. Barber, through his attorneys Todd Paris and Pete Hoffman, submitted a plea of “No Contest” under the “Alford” decision, whereby a defendant in a criminal case does not admit the criminal act, asserting his innocence, but acknowledging that the evidence the prosecution has would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. In doing so, Attorney Todd Paris stated to the Court that Mr. Barber derived “no personal benefit” from the use of the copier, and that copies were made for his nonprofits to advance his agenda as a County Commissioner. When asked by the Judge when was the last time he had used or consumed alcohol, drugs, narcotics, medicines, pills or any other substance, Mr. Barber’s one-word response was, “Years”.
The plea bargain struck between the prosecutor, the defendant and his lawyers agreed that in exchange for his plea to one count of misdemeanor larceny, Mr. Barber would receive a suspended sentence, with no active time, and that no other charges related to printing or copying jobs would be filed against him.
Judge Cloninger gave Mr. Barber a 45 day sentence, suspended for 12 months on un-supervised probation, a $500 fine, $800 restitution to be paid to the County of Rowan, and ordered the Defendant to perform 36 hours of community service work within the next 90 days and pay the $250 fee for same.
After announcing the sentence, Judge Cloninger admonished Mr. Barber, saying that the voters of Rowan County had put their beliefs in him. “It is violating the public trust, and that is your biggest responsibility . . . to conduct yourself in the most ethical of ways,” said the Judge, who continued, “above and beyond what a normal person is expected to do.”
Judge Cloninger wished the convicted Barber well, then warned him that the plea bargain was possible only because of his prior record level two, and that he hoped not to see him back in court for any other criminal charges.
