DAVIDSON, N.C. — A historically Black church in Davidson is demanding justice for vandalism at the Lingle Hut, a community gathering place for churches community members in the town.
During a news conference Friday, church leaders said they've been waiting six months for justice caused by the Sept. incident.
"All we wanted was our building repaired," Rev. Anthony Davis of Reeves Temple AME Zion Church said Friday. "We gave them a sum of what it would cost to get it fixed. At that time, we were denied what we asked for by the chief of police."
In a statement to WCNC Charlotte, Davidson Police Department Chief of Police Penny Dunn said her law enforcement agency cannot negotiate restitution for a crime beyond what the law permits.
Dunn said the department and church leaders did discuss possible handling the incident through the youth juvenile diversion program which has limitations on restitution.
"The church asked to meet with the offender’s families to ask if they would agree to pay greater than $1,000 in restitution," Dunn said. "We cannot and will not negotiate for a civil settlement as a remedy for a criminal act as a law enforcement agency."
Of the seven alleged suspects, a spokesperson for the Town of Davidson-operated police department said six were juveniles and one was 18-years-old.
The church leaders explained they were told by by the department the suspects would be able to pay $1,000 in financial restitution and the suspects would be expected to complete four hours of community service.
"We did want some kind of repayment for the damages that they have created here in our neighborhood," Davis said. "So after things have went for six months, we have not heard anything. We have not gotten an apology. We have not gotten any support from the town of Davidson whatsoever."
The church said its already paid around $4,000 in repairs for the damage.
Unsatisfied with the city's denial of their request, church officials called in national civil rights activist John C. Barnett, who is calling on the Mecklenburg County District Attorney's Office to institute harsher punishments for the damage and trespassing.
"So be not afraid, Pastor, because what you're facing now is what they faced in the '50s, what they faced in the '60s, what they faced in the '70s, what they faced in the '80s, and what they faced in the '90s," Barnett said.
Dunn said her department deferred the case to the D.A.'s office in December.
Given the age of the juvenile defenders, their names and identities are not known publicly. In response to church officials who said Friday all the suspects in the Sept. incident were white, the Town of Davidson told WCNC Charlotte the races of the seven involved were not all white.
According to the Davidson College Library, the Lingle Hut was built by community members in the 1930s at the height of the Great Depression. It most recently served as the fellowship hall for Reeves Temple AME Zion Church on Watson Street in Davidson.
WCNC asked the Davidson Police Department a series of questions regarding the investigation. Their answers are below:
- Can you confirm if a criminal investigation was opened by your office into vandalism in Sept. 2021 on Lingle Hut?
Dunn: Officers responded for initial investigation on September 5, 2021 with follow-up on multiple dates in September, October, November & December.
- If so can you confirm if juveniles or adults were involved and if the investigation is still open?
Dunn: Six juveniles, one 18-year-old adult, and the investigation has been sent to the Mecklenburg County District Attorney’s Office and NC Department of Juvenile Justice with requests for requests for petitions for arrest of the juveniles and a court summons was issued by a Mecklenburg County Magistrate for the adult. The case remains open.
- Can you voluntarily provide WCNC Charlotte with a digital copy of the original police report of the incident?
Dunn: No, the case is pending review by both agencies – the District Attorney’s Office and Juvenile Justice.
- Can you confirm if your office has filed any criminal charges in regard to the manner? And if so how many people have been charged?
Dunn: See #2 above.
- Can you confirm if in lieu of criminal charges your office offered the people involved 4 hours of community service and ordered them to pay $1,000 in restitution?
Dunn: The Davidson Police Department did discuss the filing option through the youth/juvenile diversion program with Reverend Davis and Trustees. The limitations of the restitution in the youth/juvenile diversion program were provided since this is a criteria for the case to be considered an option for crime victims. We also explained a court may determine a different level of restitution. The church wanted the Police Department to discuss a civil settlement with the families of the juveniles. We cannot and will not participate in a civil remedy negotiation for a criminal act.
- Can you confirm if your office told the Reeves Temple Church, that due to the law, you were unable to arrange for the people involved to pay more than $1,000 in restitution and have 4 days of community service?
Dunn: The church asked to meet with the offender’s families to ask if they would agree to pay greater than $1,000 in restitution. We cannot and will not negotiate for a civil settlement as a remedy for a criminal act as a law enforcement agency. This is not done by law enforcement agencies as our primary duties in a criminal investigation is to investigate, gather evidence, make arrests if warranted, and present cases for criminal prosecution. Some victims of crime will approach or agree to civil agreements outside of the criminal justice system.
- If so, can you voluntarily send WCNC Charlotte a copy of the law or policy which states this.
Dunn: See above. This is a matter of ethics and our duties as a law enforcement agency. We can only refer cases to government diversion programs or present the case for prosecution by the State of North Carolina through District Attorney’s Offices in the counties we serve (Mecklenburg and Iredell).
- Can you confirm if you have presented your findings into the church incident to the District Attorney’s office in Mecklenburg County.
Dunn: Yes, and the case has been sent to the NC Department of Juvenile Justice by the District Attorney’s Office per processing of cases involving juveniles.
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