Thursday, March 28, 2024

Brunswick DA drops charges against Navassa councilman James Hardy

BOLIVIA — A pair of misdemeanor traffic charges against a local councilman were dismissed Tuesday, but he wanted to go to trial.

Navassa Councilman James Hardy was arrested by the town’s police department on July 7 for driving with a permanently revoked license and failing to heed lights and sirens. Hardy pulled up to his home instead of stopping on the spot. Navassa Police Chief Daryll DeCotis said Hardy was initially pulled over for expired tags.

READ MORE: Navassa councilman, finance officer James Hardy to step down next month

Hardy admits he was driving without a valid license when he was pulled over, but contests that his license was permanently revoked or that he did not heed the officer.

He showed Port City Daily his new, reinstated license with an Oct. 10 issuance date and said he was a close to his home on Magnolia Drive when he was pulled over.

While Hardy expected the license charge to be dropped, he was slightly disappointed when both charges were dismissed by Brunswick County District Attorney Jon David.

David did not respond to a request for comment, nor did Bachara and Essey, the Oak Island law firm that represented Hardy in the three court appearances he has had since August.

Hardy said he believes his character was assassinated in the fallout from the arrest and wanted to air out the issue in court.

The cover envelope for Hardy’s case on file at Brunswick County Courthouse lists Nov. 8 as his last court date with “VD” written at the bottom, shorthand for voluntary dismissal.

“I would have loved to have been found not guilty,” Hardy said. “A dismissal does similar things, but it’s not what I wanted.”

Hardy told Port City Daily the arrest has impacted his personal life. He said he has lost friends and changed shifts at Corning’s Wilmington facility. He and his family want to stay in their house, but he said they have considered moving elsewhere. 

He said State Treasurer Dale Folwell’s comments were particularly harmful.

Folwell pointed to headlines questioning the integrity of Navassa when PCD reported its audit would likely be late this year and told WECT he was concerned Hardy believes he is “above the law” in the wake of the arrest.

“We all have to go through this walk of life, and even at work, you know, I’ve had to deal with coworkers, people that are above me, people out here in the streets, grocery stores, it really has cost me,” Hardy said. “I will never be able to undo some of the predetermined notions and prejudices that I receive from some of my peers, coworkers and fellow citizens. It’s even changed the way I operate. I have to wear and tote this baggage for the rest of my life. For the rest of my life, if you ever Google James Hardy and Navassa, it will show those [new articles.]”

Hardy declined to comment on exactly what would have been unearthed in a trial, but said he has been “raked over hot coals” since the arrest and it was the final straw that pushed him to give his notice of resignation from the town council at the end of its Oct. 21 meeting. Hardy’s last day as a council member is Nov. 17. 

In his resignation letter — obtained by PCD — Hardy addresses town residents, the board, staff and agencies that worked with Navassa. Hardy pulls no punches in the text and bears some of blame.

“Over the last year, the Town of Navassa has suffered several self-inflicted losses that have again highlighted the fragility of local government to implied biases,” Hardy wrote. “As a member of the governing board, I cannot separate myself from its failures, regardless of my position on the debated topic. Therefore, I accept full responsibility for my actions and those of my fellow board members or the lack thereof.”

He goes on to describe the board’s makeup as “incorrigible” and points to “blatant disregard” of N.C. General Statutes Chapter 160A-86, which briefly outlines the ethical expectations for local governing bodies.

Hardy served as town finance officer, in addition to board member. A former BB&T analyst, he filled in temporarily as the town was scrambling to get its offices reopened after former town manager Claudia Bray resigned in June. 

The town council failed to meet with enough members for a quorum several times and a shutdown resulted from June 11 to 21. The closure prompted a letter from Folwell, telling the town leaders they needed to appoint someone immediately because no one had the authority to sign checks.

Council voted on Hardy. Though once the town payroll was up and running again, the town faced trouble finding a new auditor.

Navassa leaders will have to appoint a new finance officer after Hardy makes his official departure next week. He is leaving the town with a list of candidates to consider and an audit contract in place with Goldsboro firm Nunn, Brashear and Uzzell. He said he personally called about 100 firms to locate one that could perform the audit. 

The latest financial troubles and scandals continue a pattern for more than a decade of similar incidents befalling the town.

Regardless, Hardy did disclose kind words in his letter for those with whom he has worked. He thanked several members of the town staff and council members, notably Mayor Pro Tem Jerry Lee Merrick and District 3 Councilman William Ballard.

“During my tenure you each have consistently stood up for the citizens of Navassa regardless of the personal sacrifices at stake. You each remind me of the beauty associated with local government but as of late the ugliness of other factors has overshadowed our works,” the letter states.


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