Cumberland court records: Criminal summons against NC Appeals Court judge dismissed

A criminal court summons that accused a state Appeals Court judge of assault with a deadly weapon in Fayetteville has been dismissed, court record shows.

The summons was issued May 14 after a woman swore before a Cumberland County magistrate that Judge John Tyson nearly hit her with his SUV. Myah Warren said in interviews that she was almost struck by the vehicle driven by Tyson while she was protesting near the Market House on May 7.

Tyson lives in Fayetteville. His lawyer, David Courie Sr., said Monday in a written statement that the dismissal was “rightful.”

“False allegations should be dismissed,” Courie said. “It is bad enough to be falsely charged and to suffer a rush to judgment by some despite the evidence, but it need not be followed up by a blind prosecution.”

Previous coverage:Court summons issued for judge accused of almost hitting protester near Fayetteville Market House with SUV

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Courie said in the statement that after the local District Attorney’s office recused itself from the case, the matter was turned over to the Conference of District Attorneys. He said the conference represents district attorneys across North Carolina and described it as “independent and impartial.”

“Their office conducted a thorough and objective review of all the evidence and interviewed witnesses and officers involved,” he said. “Their conclusion finds no evidence or basis to prosecute the case and dismissed the summons. This final action resolves any assertions in favor of Judge Tyson.”

A dismissal filed Friday in Cumberland County District Court indicates that the misdemeanor charge against Tyson was being dismissed because of insufficient evidence. The document was filed by Charles Spahos, who is the Conference of District Attorney’s financial crimes resource prosecutor, according to its website.

A statement released Monday by Cumberland County District Attorney Billy West said his office asked to be recused from the case May 14 because of a conflict of interest. The statement said Tyson resides in Cumberland County and hears direct appeals of cases prosecuted by the office.

West’s office asked the N.C. Administrative Office of the Courts to appoint an independent prosecutor to the case. The Administrative Office of the Courts referred the case to the Conference of District Attorneys, which appointed Spahos, the statement said.

Previous:Fayetteville police release more video related to judge accused of almost hitting protester

The document says that Warren had accused Tyson of assault with a deadly weapon by trying to hit her with a vehicle. After state officials reviewed video footage with Warren and her mother on Thursday, the women agreed that there was no evidence to support Warren's claim, according to the document.

Warren said in an interview Monday that she had no recollection of such an admission.

“Those words never left my mouth,” she said.

Warren said she stands by her claim.

“I do strongly feel that this man tried to hit me with his vehicle,” she said.

Warren said she reviewed the footage and was told that the summons was going to be dismissed.

“There’s nothing I can do,” she said.

Courie’s statement said ethical and objective prosecutors search for truth.

“The local, state, and nationwide smear of my client’s good name and reputation is shocking in light of the clear and objective videos released to the public,” he said. “The dismissal confirms his innocence and proved the allegation to be completely false.”

The Fayetteville Police Department on May 14 and May 19 released surveillance footage from cameras around the Market House in response to a public records request. A petition to release the video was filed in a Cumberland County court. It was submitted by an attorney on behalf of Police Chief Gina Hawkins, a court document shows.

The video was taken May 7, as a group of protesters gathered near the Market House. It shows an SUV driving on the inside lane of the Market House traffic circle, close to three protesters standing near or on top of the Black Lives Do Matter mural painted in the lane. The lane, which is bordered by a solid yellow line, is not open to traffic, according to police.

More:City of Fayetteville releases video in case of state judge accused of almost hitting protester

Staff writer Steve DeVane can be reached at sdevane@fayobserver.com or 910-486-3572.

Crime Editor F.T. Norton contributed to this report.