Statement from District Attorney Peter Gilchrist on Thursday Dec. 3:
"I have been privileged to serve as Mecklenburg County District
Attorney for 35 years. Today I met with my staff to announce that my
current term, ending December 31, 2010, would be my last term, and
that I will not file for reelection in February 2010.
I am proud of the many outstanding attorneys and staff members who
have worked in this office through those years to carry out our
responsibility: representing the State of North Carolina in criminal
prosecutions in Mecklenburg County. Seventeen of my former assistant
district attorneys later became judges in Federal or State courts.
Many other former assistants have been selected to work for the U.S.
and N.C. Departments of Justice, the City of Charlotte, Mecklenburg
County, other public agencies and private practice. All carried with
them the mantra of the District Attorney's Office: "do the right thing.
In an office with such broad responsibility, our goal has always been
to do what is right based on the evidence and the law in each
individual situation. We have looked at the evidence objectively in
each case and have avoided making rash or rushed judgments or
promises. The District Attorney's responsibility in felony cases is to
review the results of investigations by law enforcement officers and
agencies to decide what charges, if any, will be presented to the
grand jury. There is an important distinction between what is
required to make a lawful arrest and to support a verdict of guilty.
Arrests are based on "probable cause" – that is, a crime "probably"
has been committed and a particular defendant "probably" committed it.
Convictions in our courts require a finding of "beyond a reasonable
doubt."
Currently we have 79 assistant district attorneys daily making
decisions on the 12,000 felonies and over 200,000 other filings in the
criminal district courts of this county each year. With such an
enormous number of cases and a finite amount of resources, we have to
make difficult decisions every day. Which cases will meet the higher
"beyond a reasonable doubt" standard for conviction? Which cases
should we try even if the evidence is not as strong because the
defendant represents a clear danger to the community? Of course, we
need to – and have – constantly pushed for more resources. But there
will never be enough prosecutors, judges or jail cells, to have jury
trials in anywhere near all of the cases brought to the District
Attorney's Office
For the past 35 years I have worked to ensure this office carries out
its responsibility to our community. I am proud of our
accomplishments. While we still have our challenges, I believe the
District Attorney's Office now has the best staffing and is in the
best shape ever. It is time for someone else to assume its leadership.
I believe the upcoming election will present an opportunity for the
citizens of Mecklenburg County to reflect on the role of the District
Attorney and to learn more about the statutory regulations that create
and govern the position, so that each citizen can make an informed
choice. I hope voters look for candidates who understand the
statutory, ethical and practical boundaries of the job – and are wary
of headline-grabbing and unrealistic campaign promises. In my last
year in office, particularly over the next few months before the
election filing deadline, I would welcome the opportunity to discuss
the office, its duties and its challenges.
Most of all, I would like to thank the citizens of Mecklenburg County
for reelecting me for the last nine terms as your District Attorney.
It has been my honor to serve you."
