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Head of private security firm sues Jackson County Sheriff’s Office
By Lynn Hotaling
The head of a southern Jackson County private security firm is suing Sheriff Jimmy Ashe.
According to a complaint filed Oct. 12 in the Jackson County Clerk of Court Office, David Finn, president of Blue Ridge Public Safety and its subsidiary Sapphire Valley Public Safety, alleges that Ashe misused his office and retaliated against Finn for supporting potential legislation Ashe opposed.
Finn’s suit alleges that Ashe is guilty of “tortious interference with a contract” for actions that sabotaged a planned $1.5 million sale of BRPS to a local buyer.
The complaint, which lists Ashe individually as well as the Sheriff’s Office as defendants, also contends that Ashe “inappropriately used his office and his political influence” to persuade District Attorney Mike Bonfoey to “investigate the corporate plaintiffs for misconduct and illegal activities” that Ashe “knew or should have known” were without basis.
When contacted by The Herald on Tuesday, Ashe acknowledged receiving the civil summons on Oct. 24 but said he couldn’t comment further. He did say he turned the documents over to county attorney Paul Holt, and that he expected the company that carries Jackson County’s liability insurance would appoint a lawyer to defend the suit on his behalf.
The legislation in question was proposed in 2006 while Finn was president of the Company Police Association of North Carolina and would have broadened the powers of private (or company) police forces to give them authority over public roads and state highways that are adjacent to or run through property such police forces patrol.
According to the lawsuit, Ashe opposed the bill in his role as co-chairman of the Legislative Committee for the N.C. Sheriffs Association. The suit also contends that beginning in September 2006, Ashe used Sheriff’s Office personnel and resources to retaliate against Finn’s company for supporting the draft legislation.
Bonfoey addressed the jurisdiction of company police firms in an Aug. 31 letter to Finn in which he outlined the limits of BRPS’ authority and emphasized that he expects the Jackson County Sheriff’s Office to take the lead in all criminal investigations in the county, except within the Sylva city limits.
After summarizing the role of company police forces as outlined in North Carolina’s general statutes, Bonfoey’s letter states:
“... your corporation needs to understand that the chief law enforcement officer in Jackson County is the sheriff. The elected sheriff has the authority throughout all Jackson County, including your corporation’s real property and the real property of contractual clients.”
During a telephone interview on Tuesday, Bonfoey said he wrote the letter to explain to Finn what the law says – that the Legislature created company police but that their authority is very limited.
“Company police can make arrests on that property, but as prosecutors, we have to prove jurisdiction,” Bonfoey said. “Quite obviously if there’s a murder, we don’t want them to investigate it, we want them to call the sheriff.”
Finn’s suit, filed by attorney Frank Contrivo of Asheville, asks for a jury trial and seeks damages in excess of $30,000, attorney fees and court costs.
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