Wayne Week — Sept. 29, 2024

Page 1


WEEK Wayne 74 Months

A former high-ranking Wayne County Sheriff’s Office deputy found out Sept. 25 that he will spend the next six years in prison. Another is set to be sentenced by the same judge next month.

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CONTENTS

4 Special Report — Our take

There are lessons to learn from the saga of former Wayne County Sheriff's Office Drug Unit Chief Michael Cox, who will spend the next six years in a federal prison. And if this community does not move forward accordingly, we will be doing the local law enforcement community an injustice.

6 Special Report — The hearing

On Sept. 25, inside a federal courtroom in Wilmington, Cox learned that he would be spending the next 74 months in prison for drug conspiracy and financial crimes.

8 Special Report — Legal timeline

From the day the arrest warrant was issued until he was sentenced, this timeline looks at how the legal process played out, from start to finish, in a little over a year.

12 Special Report — Count One

A detailed look at what Cox admitted to as it relates to "Count One" — conspiracy to possess with the intent to distribute quanities of cocaine, methamphetamine, and oxycodone

16 Special Report — Count Two

A detailed look at what Cox admitted to as it relates to "Count Two" — conspiracy to commit mail and wire fraud.

16 Spectator

The Charles B. Aycock football team is off to a red-hot start to the season. COVER DESIGN BY SHAN STUMPF

There are things to be learned from what happened in a Wilmington federal courtroom Wednesday.

We take no joy in telling you that former Wayne County Sheriff’s Office Drug Unit Chief Michael Cox will spend 74 months in a federal prison — mostly in “segregation” — because of bad decisions he made.

And they were momentously bad decisions — choices that made him abandon an oath that he took to protect and serve his community and embarrass himself and his family.

It was a sad and bitter end to a career of putting bad people who break the law in jail and keeping drugs, guns, and criminals off the county’s streets.

We don’t know why Cox decided to forget that oath — or really how or why he succumbed to the lure of the dark side.

That is for him and his God to figure out. We hope he finds the answers and some sort of salvation.

But we are writing exclusively about this piece of news this week — and sharing ALL the details one more time — because this is about more than just Cox.

The reason that “I’m sorry,” is just not good enough in this case — and why the prosecution of two top Wayne County deputies in one year is an important topic — is that this is a symptom of a much larger problem at home and nationwide.

We have watched law enforcement officers vilified to the point that there are plenty of protestors and rioters who think nothing of spitting on them, screaming at them, and, in some extreme cases, nutcases targeting and shooting them.

So, over the last few years of protests and calls from less-than-brave politicians to “defund the police,” we are facing a world where law enforcement officers are tired, discouraged, overworked, and ready to hang it up.

They can’t do their jobs, and the criminals know it.

So, we see mobs descending on retail stores to smash and grab.

We hear the stories of drug dealers and human traffickers who have amped up their operations, and we watch the number of fentanyl deaths skyrocket.

We see murder and assault with a deadly weapon suspects walking out the door with no or limited bail, and others getting away with their crimes because no one has the courage to make charges stick.

After all, what if they question your motives?

How will you get the votes you need to keep your cushy job?

We patted lawlessness on the head and

{ our TAKE

THE FIRST STEP

sent it off to bed with a cup of warm milk, while we sat back and let hoodlums threaten and ignore our law enforcement personnel.

And what do we have to show for it?

Not fewer criminals.

Not fewer drugs on the street.

And definitely not a drop in murders and gun deaths.

You can look at the numbers right here in your hometown and see that.

And we are not alone.

We have fewer and fewer people going into law enforcement — and fewer and fewer departments with the supervision and accountability structures in place to weed the bad ones out.

And when there aren’t enough good people left, you get officers who take advantage of the vacuum.

No one is watching.

No one is there with support and resources, so they do what they want to do.

We can’t tell you what makes a good cop turn bad.

But we can tell you that just like in any profession, there are bad apples in law enforcement.

That’s why we have someone in charge who is supposed to pick the right ones to run the show — to keep his eye on what is going on in his own department, and to make sure that those officers who took those oaths live up to them.

And in this case, in our case, that person, the man we elected to be that stop gap — the man who promised to run a tight ship — just watched two of his top deputies brought up on, and convicted of, serious charges.

And now, one, and maybe both, will spend significant time in a federal prison for crimes committed under that leader’s watch.

Sheriff Larry Pierce should have known. It was his job to know.

And in the interest of giving him — a man we actually like as a human being — the benefit of the doubt, we will assume he didn’t.

Well, not knowing is not good enough.

So, when we heard that Pierce is considering a run for re-election as Wayne County’s sheriff, we were shocked.

We find it astonishing — and a little scary. It is absolutely unbelievable that he doesn’t think the right thing to do is pass the torch so his department can get a clean slate from this community.

Because, you see, when the boss creates an atmosphere where those underneath him think nothing of breaking rules, blurring the lines or, as in this case, just jettisoning the oath they took to serve and protect — and they are people he has

chosen to hold others accountable — you can guess the result.

So, let’s look at another example.

There is a law enforcement professional in this community who also ran a team charged with law and order in this community.

His officers saw what they thought was a questionable situation going on in the WCSO with drug suspects.

They watched carefully and reported what they saw.

And when the time came — when the person they thought might have been breaking the rules and behaving improperly was out of the way — they got busy making the arrests that took violent drug dealers off the streets.

The officers of the Goldsboro Police Department had the same opportunities to do wrong.

They had the same temptations for money and power.

They could have gotten the same “tough guy” itch.

But they didn’t. They did it the right way.

And that’s because they had a chief who not only knew what was going on in his department, but set a standard and enforced an expectation of how you do your job as an investigator or officer.

Mike West is facing the same constraints that the Sheriff’s Office did — fewer officers, less resources, and a whole new attitude about crime and criminals.

But his department did its job.

The prosecuting attorney that ran the Cox case even said so — praising the GPD as the “heroes” of this shameful story.

That’s why we need a new candidate for sheriff.

And our hope is that there is one out there who would consider getting this office back on track.

Because you see, there are plenty of deputies in the WCSO who are doing a great job.

They risk their lives in an increasingly dangerous environment to keep their community safe.

They aren’t the bad apples.

They are not the ones who are looking at federal jail time.

They just were let down by their bosses.

And their jobs got 1,000 times harder because the department’s reputation got dragged through the mud because of Cox and former WCSO Maj. Chris Worth.

We have a lot of cleaning up to do in many communities around this country.

You read about trouble in other places every day — bad cops, bad leaders, and gutless prosecutors.

How many times have you shaken your head and wondered how these people keep their jobs?

But we got here because so many of the good people were afraid to step up, to take on the responsibilities of making this community and others like it better.

They watched the witch hunts and the name-calling, and they decided to sit back and stay out of the spotlight.

And we got what we got because of that.

Whether we keep it will be up to all of us.

Nope, it is not just because we are a “rural” community that this happened here — although you will see a lot of people trying to make that one fly.

It always happens that way.

The big guys in the big city always think they can point their fingers at smaller communities — even when they should be holding up a mirror in their own.

So we should reject any suggestion that this community does not have dedicated and qualified people ready to serve.

We just have to get about getting rid of those who slipped in while we were not paying attention.

Yes, the people you choose to put in office matter.

Yes, when a politician is left unchecked and unquestioned, he or she gets a dangerous God complex and forgets who he or she works for.

And yes, when you let people who think they are above the rules run the show, you get corruption and bad decisions — especially when it comes to your money.

We can’t afford to make more bad decisions or to pretend that we don’t need a change — a big one.

You have seen what happens when leaders are pushed to do the right thing, and what happens when they are just patted on the back and left to their own devices.

We need more people willing to stand up and do what is right.

We have some in office right now, and they are making a real difference.

But we need more people to not let the challenges of the times we are living in now be a screen for enriching themselves at the expense of their community.

We have already gotten rid of some of them, but we have more on the list.

This community deserves better.

And now is when we should take those next brave and difficult steps.

We should do it for our children and grandchildren who will take this community forward, and in the image of our grandparents and great-grandparents who got us here.

It is time.

So, we should thank Pierce for his service and wish him well.

But no matter how much we like him — or whether he has the right letter by his name on the ballot — we cannot allow him to continue to lead. Whether this mess is his “fault” or not is not the point.

His No. 2 and No. 3 are now convicted felons. And whether he’s a “great guy” or not, their boss, too, must now be held accountable by the electorate, should he indeed run again in 2025.n

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74 Months

A former high-ranking Wayne County Sheriff’s Office deputy found out Sept. 25 that he will spend the next six years in prison. Another is set to be sentenced by the same judge next month.

Mi chael Kenneth Cox walked into the courtroom at just before 10 Wednesday morning — an orange prison jumpsuit just barely exposing the sleeves of a white, long-sleeved thermal T-shirt rolled up to his elbows — and allowed a U.S. Marshal to remove his handcuffs before he took a seat next to his attorney, Hart Miles.

He took several deep breaths, but kept his eyes forward — moving only after the bailiff told those seated inside the Alton Lennon Federal Building’s Courtroom No. 1 to rise.

More than 90 minutes later, the nearly-50-year-old would be sentenced to two 74-month prison terms for drug conspiracy and mail and wire fraud charges.

(Since the sentences will run “concurrently,” he will serve only one of them.)

And Chief U.S. District Judge Richard Myers II told the former Wayne County Sheriff’s Office Drug Unit chief that considering the charges he was up against — and the evidence the government had at its disposal — the six-plus years he must now serve behind bars were a “gift.”

“I have chosen to be merciful,” Myers said. “You really have received a gift.”

" I think he just liked the life. For some reason, this guy really liked being able to deal with these very dangerous guys."

Long before he handed down the sentence, Myers acknowledged the Cox case — and the indictment that painted a picture of a corrupt lawman who worked alongside and protected violent drug traffickers — was both troubling and puzzling.

“This case confuses me somewhat,” the judge said. “I’m a little confused as to when he’s on which side.”

Assistant U.S. Attorney Dennis Duffy agreed, telling Myers that despite what he considered a solid potential prosecution backed by “between 70 and 80” witnesses, text messages, emails, and other evidence, he still doesn’t understand the “why?”

“What exactly did this guy get out of this?” he said.

Still, as he made his argument for the maximum sentence allowable under the plea agreement accepted by the court March 27, he gave Myers his theory.

“This was a man who basically got into (law enforcement) for the wrong reason,” Duffy said. “He got off on being the kind of cop you see on TV. They watch ‘The Wire’ and see this on TV and they think they’re gonna be tough guys.”

He wanted, the prosecutor said, to be a man who “was known for” being “aggressive” and “pushing limits.”

And he “liked,” Duffy added, being able to control “violent criminals” and step into their world — one, he has said in previous hearings, that included rendezvous with prostitutes, purchasing illegal narcotics, and threatening

violence on those who crossed him and his family members.

“I think he just liked the life,” the prosecutor said. “For some reason, this guy really liked being able to deal with these very dangerous guys.”

So, the claims from those who wrote character letters for Cox — that he was an otherwise “good cop” who made “a mistake” — did not mesh with what Duffy had been prepared, before the plea agreement came to fruition, to argue before a jury.

“The idea that this guy was a public servant who, late in his career, just made a mistake, we dispute that,” he told Myers. “This guy was a corrupt cop from the jump.”

Continued on page 8

Continued from page 7

And the fact that he did not seem to profit financially from his relationships with known drug traffickers did not excuse his behavior either, Duffy said.

“There was greed involved here. It was just greed for power,” he said, adding that quest for power jeopardized the credibility of honest law enforcement officers across Wayne County, the state, and the nation. “That’s why we’re asking for 87 months. Anything less than that speaks volumes to law enforcement as far as what you can get away with. … We think it’s necessary from a deterrent standpoint.”

Miles had a different perspective. His client, he said, was forced to lead a “double life” because of the nature of his line of work.

And because of the daily “sacrifices” involved with law enforcement, he was put through anguish — “mentally and physically and psychologically.”

So, when it came down to making “quick decisions” involving the drug traffickers named in the indictment, “he was weak,” Miles said.

“He was weak in those moments,” he said. But part of the blame, he added, fell on Sheriff Larry Pierce.

“It starts at the top,” Miles said. “When you don’t have a sheriff taking a hard line … deputies feel like they have more discretion. … There’s a systemic issue that starts at the top.”

And that, he argued, started Cox down a slippery slope — one that ended in his blurring the lines between acceptable relationships with criminals and illegal ones because the deputy was, in addition to having negligent leadership, in his view, “manipulated” by the men to whom he was supposed to be serving justice.

“These men, you can’t underestimate their ability to be manipulative,” Miles said. “It was a symbiotic relationship, but they took advantage of Mike Cox. And Mike Cox should have known better. … It’s Mike’s fault.”

Those factors, he told Myers, should be taken into consideration before a sentence was determined.

And so, too, should his reputation as a “hard worker” who “loves his family.”

“He’s getting ready to be 50 years old, your honor,” Miles said. “At his core, at his heart, he knows what is important in life. Allow him to be a part of his son’s life.”

After Duffy and Miles argued their positions, Myers looked at Cox and offered him an opportunity to speak for himself.

“I’m struggling,” the judge said.

" The hardest part of this is the prison I put my own family in. I can domy time ... but I justpray you see my heart and show me mercy."

TIMELINE OF LEGAL PROCEEDINGS

May 4, 2022 Wayne County Sheriff Larry Pierce, in a news release, says the Federal Bureau of Investigation is probing the WCSO because of “old cases” handled by “a prior employee.”

Aug. 15, 2023 Warrants are requested by federal prosecutors for the arrests of former WCSO Drug Unit Chief Michael Cox and thenMaj. Christopher Worth.

March 27, 2024 Cox pleads guilty to two felony charges. They include conspiracy to possess and distribute cocaine, methamphetamine, and oxycodone, and conspiracy to commit mail and wire fraud. The terms of his plea agreement with the government are sealed.

And after a few deep breaths, the former WCSO Drug Unit chief, fighting back tears, obliged.

“I’m ashamed, and I’m sorry,” he said, his breaking Southern drawl giving way to audible sniffles and sobbing. “I’m sorry to the court. I’m sorry to my family. And I’m sorry to my community.”

But what the judge reacted to — as evidenced by him leaning in and his facial expression shifting — was how Cox closed his statement after taking several moments to collect himself.

“The hardest part of this is the prison I put my own family in,” Cox said. “I can do my time … but I just pray that you see my heart and show me mercy.”

Mercy.

Myers said the two 74-month sentences that Cox will serve concurrently is just that.

But the case, he told those inside the courtroom, was not just about the fate of a former lawman who went bad.

It was about navigating the “fundamental

Continued on page 10

Aug. 17, 2023 A sprawling indictment that lays out the government’s cases against Cox and Worth is filed by federal prosecutors.

Aug. 17, 2023 Warrants are issued by Clerk of Court Peter Moore for the arrests of Cox and Worth.

Sept. 6, 2023 Cox’s attorney, Hart Miles, argues that his client should be allowed to prepare for trial at his home in Walnut Creek, but Magistrate Judge James Gates finds that the government had shown “by clear and convincing evidence” that Cox should be detained and remanded to the custody of the U.S. Marshal.

Oct. 3, 2023 Cox’s attorney asks Chief U.S. District Judge Richard Myers II to overrule Gates’ decision and allow his client to prepare for trial at his home, but Myers declines to do so. Cox is, again, remanded to the custody of the U.S. Marshal.

Aug. 28, 2024 Cox objects to the pre-sentence investigation report prepared by the U.S. Probation Office. The document — and his basis for objection — are both sealed.

Sept. 25, 2024 Cox is sentenced.

Cox's business, Eastern Emergency Equipment.
Chief U.S. District Judge Richard Myers II

tension” that exists when law enforcement officers are forced to interact with criminals as part of their duties while holding those, like Cox, who “cross the line” accountable.

“We ask more from law enforcement. We ask them not to tell someone who shot somebody how to get out of it,” Myers said.

And we ask that the “corner-cutting that led into the wilderness” be stopped before it barrels out of control.

“It’s easy when you’re in it to get lost,” Myers said. “But in a time where society is struggling with whether law enforcement is corrupt, having actual law enforcement corruption is tragic.”

So, Cox will serve 74 months, the judge said. Then, he will be on supervised released for three years.

And his time in prison — which will require him to live in “segregation” and spend

23 hours a day in his cell because he could, as a former lawman, be targeted by other inmates — will be “tough.”

“Your time is going to be a lot harder than an ordinary person,” Myers said.

But that, the judge says, is what happens when a person with a badge besmirches the community of men and women who swear an oath to protect their neighbors.

FBI Special Agent in Charge Robert DeWitt agreed.

“Tonight, Michael Kenneth Cox will have a different view of prison bars. He will be looking out from the inside of a federal cell for the next six years,” he said. “Law enforcement officers are entrusted with an incredible responsibility to serve our communities and ensure justice. Anyone who tarnishes their badge for their own profit will be held accountable” n

COX'S PARTNER IN (ONE) CRIME

Former Wayne County Sheriff’s Office Maj. Christopher Worth pleaded guilty, inside the Alton Lennon Federal Building and Courthouse’s Courtroom No. 1, to conspiracy to commit mail and wire fraud July 24 — a felony that carries with it a potential sentence of up to 20 years in prison and a fine of up to $250,000.

But unlike his co-conspirator, Former WCSO Drug Unit Chief Michael Cox, Worth has been allowed to await his fate from his home.

The former deputy is set to be sentenced in late October by Chief U.S. District Judge Richard Myers II.

At right, former Wayne County Sheriff's Office Maj. Chris Worth.

A SUMMARY OF COUNT ONE

The following allegations against former Wayne County Sheriff’s Office Drug Unit Chief Michael Cox were used to support “Count One” in the sprawling indictment handed down by a federal grand jury in August 2023.

The names of “Drug Unit Subordinate One,” “Drug Trafficker One,” “Drug Trafficker Two,” “Defense Counsel,” and Cox’s “Close Relative,” were identified, in open court, by Assistant U.S. Attorney Dennis Duffy as former WCSO Deputy Charles Shaeffer, Theodore Lee, Rinardo Howell, Worth Haithcock, and Cox’s wife, Rebecca.

Cox pleaded guilty to this count March 27 — telling Chief U.S. District Judge Richard Myers II that the following evidence was, in fact, true.

Note: The following allegations were pulled directly from the indictment and have not been edited for spelling, grammar, or punctuation.

COUNT ONE

“From a date unknown, but no later than in-or about January 2017, and continuing until at least on or about September 21, 2021, in the Eastern District of North Carolina, and elsewhere, defendant, Michael Kenneth Cox, did knowingly and intentionally combine, conspire, confederate, agree and have a tacit understanding with others known and unknown to the Grand Jury, to knowingly and intentionally distribute and possess with the intent to distribute quantities of cocaine, methamphetamine, and oxycodone, Schedule II controlled substances, and marijuana, a Schedule I controlled substance, in violation of Title 21 United States Code, Section 84l(a)(l).”

July 21, 2011 — Cox participated in the search of the home of known drug dealer, Abel Hernandez. During the search of the home, located on Peele Road, Cox and other seized $103,676 in cash. Cox transported the cash back to the Wayne County Sheriff’s Office, where it was held in the evidence room. Cox and Shaeffer later transported the cash to a local bank and converted it into a cashier’s check. Worth was listed as a witness to Cox and Shaeffer’s handling of the cash.

2014 — Cox began a relationship with a significant Goldsboro drug trafficker, Lee, who Cox referred to as a confidential informant. Cox attempted, without success, to form a second high-level relationship with Howell.

Late 2014 to late 2015 — Cox instructed Shaeffer to make a digital copy of Cox’s girlfriend’s cell phone (often referred to as “dumping” a cell phone). Shaeffer’s duties at WCSO

included using law enforcement software to “dump” cell phones. On December 7, 2015, Cox, having already had his own girlfriend’s cell phone “dumped,” texted the following relationship advice to another deputy in the Drug Unit: “If she [the deputy’s wife] wants this to work. She needs to let you dump her phone.” In discussing his use the cell phone information improperly dumped from his girlfriend’s phone, Cox stated as follows: “Not trying to be negative. But they can come up with some shit to tell u. That’s for sure. [Girlfriend’s name redacted] lied to me abt it for awhile until I had her by the balls.”

January 2016 — Shaeffer was having a dispute with Cox. On January 10, 2016, Shaeffer sent the following text to Cox in connection with the dis-

tion to Cox. Pursuant to his practice, Cox initially thwarted any prosecution of Howell by not opening an official OCA case.

March 2017 — A WCSO drug unit detective who was then serving as a task force officer with the Drug Enforcement Agency requested a copy of the interview relating to Howell’s arrest for use in the DEA’s investigation of the source of the drugs sold to Howell. In response, Cox instructed a subordinate to open a case, write a report, and move four ounces of cocaine to the Evidence Room. On April 11, 2017, close to a month after the original traffic stop, a Drug Unit deputy formally opened a case on the March 16 seizure and moved 126 grams of cocaine from the Highway 70

Cox pleaded guilty to this count March 27 — telling Chief U.S. District Judge Richard Myers II that the following evidence was, in fact, true.

pute: “Worst thing is a good good buddy that I dumped [girlfriend’s name redacted] cell phone for anonymously is stabbing me in the badck! Now fix this (expletive) before I do!”

June 2016 — Howell and his longtime girlfriend were arrested by Cox. Notwithstanding these arrests, Howell still refused to associate with Cox.

Late 2016 — The WCSO began an internal investigation of allegations that Shaeffer was being paid by a methamphetamine dealer to provide advance warning of planned arrests and searches. At the request of WCSO, the North Carolina State Bureau of Investigation assigned an agent to assist in the investigation. Upon learning about the investigation, Cox went to WCSO management and vouched for Shaeffer. Soon thereafter the investigation was closed.

March 2017 — Cox detained Howell in possession of four ounces of powder cocaine. At this point, Howell agreed to provide informa-

Offsite location to the Evidence Room. Notwithstanding the opening of a case file on the March 16 drug seizure, formal charges were never brought against Howell.

Mid-2017 — Cox began conspiring to assist Howell’s drug operation. Cox accomplished this by, among other things, providing protection under the ruse that Howell was a CI and passing sensitive law enforcement information to Howell.

May 2017 — Cox approached Howell about conducting a home invasion of the Peele Road Residence, which was thought to contain a large amount of drug proceeds. On May 18, 2017, Cox texted Howell a CJ Leads photograph of Hernandez.

June 2017 — Cox texted Howell a pin drop providing the exact location of the Peele Road Residence and stated “[t]hat’s the mans [sic] house.” Cox further explained that it was a house, not a trailer. Howell responded “Oh I’m going to pay em visit.”

June 2017 — Howell texted Cox “I went out there n scoped it out.” Just ten days later, a violent home invasion occurred at the Peele Road Residence. Although Cox had knowledge of Howell’s involvement in the violent home invasion, Cox withheld such information from the WCSO detective assigned to the case. The WCSO detective investigating the home invasion stated that had Cox provided him with such information, Howell would “have become a definite person of interest, if not a -- a lead suspect.”

June 2017 — Cox observed Howell purchase two ounces of cocaine from a target whose home was being watched by Cox as part of a DEA operation. Cox should have arrested Howell for possession and trafficking in two ounces (56 grams) of powder cocaine. Instead, Cox pulled over Howell and explained that the drugs would need to be seized because the DEA was targeting Howell’s supplier. Howell complained that he would be out the $2,000 used to buy the drugs. In response, Cox stated that he would use WCSO “buy money” to reimburse Howell and make it appear as if the situation had been a Controlled Purchase, which it was not.

End of 2017 — The Goldsboro Police Department drug supervisors considered Howell to be one of the largest drug dealers in Goldsboro and planned to target him for investigation. Cox, much to the frustration of GPD, was able to block such investigation. As a result, GPD began to view Howell as “untouchable” due to his relationship with Cox.

September 2017 — Cox texted the assistant district attorney and requested that the June 2016 charges against Howell’s longtime girlfriend be dismissed. When the assistant district attorney responded that the charges were not going to be dismissed, Cox texted that he would “just talk to u later abt it.” The charges against Howell’s longtime girlfriend were ultimately dismissed in December 2019.

April 26, 2018 — Lee’s image was captured on a video camera entering a drug stash house in Goldsboro with a handgun in his right hand and then exiting the house minutes later. After Lee drove away from the house, a drug dealer is shown on the video limping out of the house with a gunshot wound in his leg and then sitting on the front patio to wait for an ambulance. Following the shooting, Lee contacted Cox and requested that Cox let Lee know if law enforcement was looking for him in regard to the shooting. Lee was charged with the shooting and arrested on May 5, 2018, in Fayetteville.

Continued on page 14

The charges were dismissed on May 17, 2018, after the victim signed an affidavit stating that Lee had not shot the victim.

Late 2018 — Cox was reassigned from the Drug Unit to work in training new ACE deputies. With Cox no longer in the Drug Unit, GPD convinced new head of the Drug Unit to pursue Howell.

September 2018 — On September 27, 2018, GPD and WCSO executed dual search warrants on houses used by Howell for drug trafficking in Goldsboro. At the time of the search, GPD arrested Howell and seized his cell phone. After Howell was released on bond, he contacted Cox and was instructed to come to Cox’s home in Walnut Creek. At the time, Cox (who was still a sworn WCSO deputy) was hosting a cookout with the head of WCSO’s Patrol Unit and Haithcock. Upon arriving at Cox’s home, Howell, Cox, and the Defense Counsel discussed the search warrants. Cox then arranged for Haithcock to handle Howell’s case. Following this meeting, Cox communicated with the GPD drug unit and demanded that they turn over Howell’s phone to WCSO. The head of the GPD drug unit intervened and refused to turn over the phone to WCSO.

November 2018 — Just days after his retirement, Cox and Howell texted about which

witnesses Haithcock should call at an upcoming suppression hearing relating to GPD and WCSO’s dual search warrants.

February 2019 — Howell texted Cox a photograph of 14 oxycodone pills stamped “KS” and texted “[t]here.” Cox quickly responded “[t]hanks,” to which Howell responded, “No problem it’s 15.” The reference to 15 was a reference to the price per pill.

February 2019 (five days later) — Howell shot a cooperating informant who the joint WCSO-GPD task force had planned to use to make buys from Howell. The wounded CI survived, called 911, and informed the 911 operator that he had been shot by Howell. A WCSO Drug Unit detective arrived at the hospital at approximately 10:26 p.m. to check on the victim. According to the WCSO detective’s report, approximately 90 minutes later, at 12:02 a.m., the detective received a call from Cox, who had then been retired for several months. According to the detective, Cox stated, “I heard they are saying [Howell] shot somebody. . . . [Howell] didn’t shoot nobody he has been texting and facetiming me all night during the Carolina Duke basketball game.... he wasn’t at Solcumb and Mulberry.” Rather than assist WCSO/GPD in locating Howell, Cox texted Howell on February 21, 2019, and directed him to “[g]o on up to the shop. [A worker] is gonna fix u.” Cox then

texted the following to Haithcock at 8:33 a.m., on the morning of February 22, 2019: [Howell] has attempted murder warrant. It’s bull (expletive) .... [Howell] has got like 1500 cash if you will meet him at the magistrate office just to try and get his bond at 200,000. He said he can make bond if it’s 200,000. Let me know if you can help him. Haithcock instructed Cox to inform Howell “to lay low until I call him and I’ll meet him at my office.” Cox responded six minutes later that he had “just told him [Howell].”

March 2019 — Howell texted the following to Cox: “My bruh for life ... (expletive) who don’t like it.” On March 3, 2019, Howell texted Cox as follows, “I got you ....” Cox responded as follows, “I know u do. U know I have your back through anything. There ain’t many people you can trust in life. But ur my bro.”

December 2019 — Howell was arrested by WCSO in possession of two kilograms of powder cocaine. After the arrest, Shaeffer drove Howell back to the Annex to be interviewed. During the drive to the Annex, Cox (who had been retired for more than a year) called Shaeffer. Shaeffer did not answer the call. Shaeffer was assigned to make a digital copy of Howell’s seized cell phone using Cellebrite software. A copy of the phone dump was later provided by WCSO to GPD. The

following month, after learning that Howell’s cell phone had been dumped by WCSO, Cox texted the following to Shaeffer:

I know you dumped [Howell’s] phones and have read all the text messages. Why didn’t you say anything abt when I talked to you earlier. I really don’t give a (expletive). Cause there ain’t nothing on any of his phones that would get me in trouble. But damn!! Why is everyone so secretive?? I hope somebody comes to speak to me. Cause I will blow the roof off that dumb ass office!! Thanks for looking out. After receiving no response from Shaeffer, Cox sent the following text to Shaeffer:

I knew something was up when you said you were going to help me at. the shop and you never came or called. You know if it weren’t for me you wouldn’t even be there now. They wanted you gone. And thought you were dirty and I stood up for you. In fact I got fired because of the whole situation. I had your back to the end. Investigate all y’all want to. There is nothing I have said or done that is remotely illegal. Lose my number. You don’t ever have to worry abt talking to me again. YOU LIAR.

November 2020 — Cox texted the following to Lee, “Happy bday (racial slur).” By this date, the ATF was in the midst of a federal investigation of Lee and was able to view the text as it arrived.

Continued on page 16

December 2020 — Cox contacted a WCSO detective and had them use a law enforcement database to run a Kentucky license plate number. The detective responded that they were having another WCSO employee run the plate. Within four minutes of his initial text, Cox was provided with the name and address of the person to whom the plate was registered.

February 2021 — Lee texted Cox as follows, “Got like 20 more 10’s let me know something.” Cox agreed to purchase the pills and texted about meeting in person for the handoff of the drugs. During a telephone conversation later that day, Cox noted that Lee’s phone had poor reception and advised Lee to get both a new phone and a new number.

February 2021 — Lee texted Cox that he had obtained a second phone and provided Cox with the new number. On February 25, 2021, at 8:24 a.m., Lee used his original cell phone to call and alert Cox that a GPS device was found on his car during an oil change. Referencing Lee’s use of the car to make the recent drug deliveries to Cox’s home, he stated as follows: “You know I’ve done been out that way a couple of times.” At no point in the conversation did Lee indicate that he wished to return the GPS device to law enforcement. Instead, Lee stated, “I just ripped it [GPS Tracker] off, I got it in my hand right now. I wish these bitches [law enforcement] would pull up and come get it so I could cuss their ass out.”

February 2021 — After receiving the call from Lee, Cox immediately tried to call the head of the WCSO Drug Unit and then Shaeffer. Shaeffer called back at 8:32 a.m., and spoke to Cox for 1:48 seconds. During the call, Shaeffer advised Cox that the GPS device was not tied to any investigation out of Spence Avenue, which excluded WCSO, GPD, and DEA. At 9:31 a.m., the Drug Unit head called Cox back and spoke with him for 1:42 seconds. Based on his calls to members of the WCSO Drug Unit, Cox correctly surmised that the GPS device was part of an ATF investigation. At 9:58 a.m., Cox called Lee’s new phone and informed him that “it’s got to be [Agent’s Name Redacted] of the ATF.” Later in the conversation, Cox again confirmed, “that’s the ATF man.”

March 2021 March 12, 2021, Howell, who was incarcerated on federal charges resulting from his December 4, 2019 arrest, contacted his girlfriend by phone and requested that she contact “MC” for him. Howell’s girlfriend then traveled to the back entrance of EEE and handed her cell phone to Cox. During the conversation between Cox and Howell, Cox noted that he could do nothing to help with the federal case, but as to any remaining state charges against Howell “they can’t do nothing with that mess without me and I ain’t never going back up there.”n

A SUMMARY OF COUNT TWO

The following allegations against former Wayne County Sheriff’s Office Drug Unit Chief Michael Cox were used to support “Count Two” in the sprawling indictment handed down by a federal grand jury in August 2023.

Former WCSO Maj. Christopher Worth was also named in the indictment.

Cox pleaded guilty to this count March 27 — telling Chief U.S. District Judge Richard Myers II that the following evidence was, in fact, true.

Worth has also pleaded guilty to this count and is set to be sentenced in October.

Note: The following allegations were pulled directly from the indictment and have not been edited for spelling, grammar, or punctuation.

COUNT TWO

“Beginning no later than on or about February 1, 2016, and continuing until at least on or about September 21, 2021, in the Eastern District of North Carolina and elsewhere, defendants, Michael Kenneth Cox and Christopher C. Worth, and others known and unknown to the Grand Jury, did knowingly and willfully combine, conspire, confederate, and agree with one or more persons to commit the following:

(a)  Mail Fraud, that is, to knowingly devise and intend to devise a scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and for the purposes of executing and attempting to execute the scheme and artifice, to knowingly place and cause to be placed in any post office or authorized depository for mail matter, any matter and thing whatever to be sent or delivered by the United States Postal Service, and to take and receive therefrom, any such matter and thing, and to knowingly cause to be delivered by mail and such carrier, according the direction thereon, and at the place at which it is directed to be delivered by the person to whom it is addressed, in violation of Title 18, United States Code, Section 1341; and

(b)  Wire Fraud, that is to knowingly devise and intend to devise a scheme and artifice to defraud and for obtaining money or property by means of materially false and fraudulent pretenses, representations, and promises, for which one or more conspirators transmitted and caused to be transmitted by means of wire communications in interstate commerce certain writings, signs, signals, pictures, and sounds, for the purposes of executing the

scheme and artifice, in violation of Title 18, United States Code, Section 1343.

2016 — Worth was promoted to Captain in charge of Support Services and became responsible for coordinating and vetting bids from vendors on various WCSO contracts. In this position of trust, Worth was required to comply with the procurement requirements set forth … to ensure that county business was conducted”... with fairness and dignity and to demand honesty and truth in buying and selling.”

As to law enforcement vehicles, Worth was required to submit documentation to County Purchasing for approval of the purchase of new vehicles and the cost of having the new vehicles “upfit” for law enforcement work. “Upfit” refers to the process of installing aftermarket equipment to customize a newly purchased vehicle for law enforcement work. The type of equipment typically installed includes, without limitation, lights, sirens, radios, other communication equipment, law enforcement agency decals, various brackets to hold computers and other equipment, partitions, push bumpers, and customized front center consoles/adjustable arm rests.

Although Worth was obligated to promote Wayne County’s financial interest over his own, he was given discretion to select vendors for jobs costing less than $1,000. In this category, a vendor’s invoice was sent by WCSO to County Finance, which mailed the check directly to the vendor.

For items costing between $1,000 and $2,499, Worth was required to obtain three independent quotes and award the contract to the lowest bidder. Although the three quotes were not required to be submitted to County Finance, Worth was required to keep copies on file in the event County Finance or County Purchasing wished to review them. Checks for such invoices were processed by County Finance and mailed directly to the vendors.

For equipment costing $2,500 or more, Worth was not allowed to award a job until a “Purchase Order” was approved and signed by County Purchasing and County Finance. To commence this process, Worth was required to obtain three independent quotes from vendors — taking care to ensure that each quote was “on the same item or specifications.” Once three independent quotes were obtained, Worth was required to prepare a one-page “Memorandum of Award” providing a description of the item to be purchased, the

identity of the three vendors, and a list the three quotes (starting with the lowest quote). Worth was then required to submit the Memorandum of Award, the three itemized quotes, and a requisition coversheet to County Purchasing. Because of the volume of purchasing packages received on a daily basis, County Purchasing did not have the resources to do a detailed review of each package or to call vendors to confirm the validity of the quotes provided. Instead, County Purchasing relied on the honesty and integrity of various departments and offices that submit the documentation, including WCSO. Cox began operating Eastern Emergency Equipment in 2003, and Worth worked for EEE from 2006 to at least mid-2021. Historically, EEE obtained equipment used to perform “upfit” installations from West Chatham Warning Devices. West Chatham, which has branches in a number of cities, was based in Savannah, Georgia. West Chatham provided “upfit” installation to large law enforcement entities (often involving hundreds of cars per contract) and also sold “upfit” equipment to small retail operations such as EEE. A West Chatham’s sales representative was assigned the EEE account and worked the account for more than a decade.

2016 — Cox remarried and moved EEE to a commercial building on West Grantham Street in Goldsboro. Cox also moved with his new wife to an upscale development in Goldsboro named Walnut Creek.

February 2016 — Worth and Cox communicated by text about a $29,055 balance owed for “all the camera and radio installs.” After Cox (who was head of the Drug Unit at this time) inquired about what kind of letter he would need to write “to get drug money moved,” Worth responded that he needed a quote on the radios since he would need to “pay it out of another account.” Worth then requested that Cox “[b]ack date it [the quote] if you can.”

August 2016 — Worth and Cox communicated by text regarding work already performed by Cox, but not yet authorized by a Purchase Order. Cox noted he was sending Worth an invoice for work done on “the 8 chargers so you can go ahead and get a po.” Worth responded as follows: “Ok. Hopefully they will do a blanket PO. Does the invoice have to match the quote? Item for item.”

Worth also asked Cox the following: “Will you have to bill us for Whelen and give us Fenix?’’ Cox responded that he had “already changed it and emailed it. But I can change it back.”

May 2017 — WORTH emailed the following to COX, “Need you to resend the bill for your Tahoe. Each bill needs to be under $2,500.” By splitting the bill in this manner, Worth was able to avoid having to obtain a purchase order, which would have required submitting three quotes to County Purchasing. Later that same day, Cox submitted split EEE invoices for the “upfit” of his assigned WCSO Tahoe. Pursuant to Worth’s instructions, Cox split the $4,613.28 charge into two invoices for less than $2,500. The split invoices were received by WCSO on May 5, 2017, but WCSO backdated the approval dates to match EEE’s backdated invoice dates (April 17 and April 26, 2017).

May 2017 — WCSO received split invoices from EEE for the sale of eight TLR-1 gun lights. EEE dated one invoice April 26, 2017, and the second invoice May 5, 2017. The gun light invoices were divided in such a manner as to ensure each bill was under $1,000. Although the invoices were stamped received by WCSO staff on May 8, 2017, Support Services backdated the approval dates to match EEE’s backdated invoice dates (April 26 and May 5, 2017).

June 2018 — Worth texted Cox and ordered a K-9 crate and electronic door popper from Cox without any attempt to comply with the threequote requirement.

September 2018 — Cox texted Worth and asked, “[d]o I need to Bill Travis car under a thousand?” Worth responded as follows, “[i]t would be easier on me.”

January 2019 — Cox installed a “Truck Vault” on the WCSO Sheriffs 2019 Chevrolet Tahoe. A Truck Vault is a secure storage unit for the back of a vehicle, either in the trunk or back of an SUV. The total charge by EEE was $2,147.92. Because the amount .in issue exceeded $1,000, the Manual required three independent quotes be obtained by WCSO for such a contract. To avoid triggering the three-quote requirement, Cox split the cost into two $1,073.36 invoices and then applied a 10% discount to bring each invoice to $972.96. In order to help Worth conceal the fact that the split invoices actually related to only one truck vault, Cox used different invoice numbers and dates. He dated invoice number 3318 as January 3, 2019, while invoice number 3202 was dated January 9, 2019. Worth approved both invoices and backdated his approvals to match the dates on Cox’s invoices (January 3 and 9, 2019). Payment of the invoices was included in a larger check written to EEE in the sum of $3,450.31. This check, which was numbered 360750, was mailed by County Finance.

September 2019 — Cox requested that the West Chatham Sales Rep provide him with a fictitious “upfit” quote for use by EEE in obtaining WCSO’s “upfit” contracts. The Sales Rep agreed to prepare the fictitious quote in order to curry favor with Cox, who she considered a friend and one of her valued retail clients. Cox assured her that he was guaranteed to get the contract but stated that WCSO needed more than one quote. Cox provided the Sales Rep with a copy of EEE’s quote in order to assist the Sales Rep in preparing a higher West Chatham’s quote. As a result, the Sales Rep was able to inflate the fictitious quote to ensure EEE’s quote would win the contract. On September 16, 2019, the Sales Rep transmitted the fictitious quote from her work email account at West Chatham in Georgia, to Cox’s email account in the Eastern District of North Carolina. The bid, which was completely fictitious, provided an “upfit” quote of $5,063.35 per vehicle, including $1,000 for labor and $125 for freight. Although the fictitious bid was addressed to “Wayne Co Sheriff Office,” the Sales Rep sent the bid to COX at EEE, rather than to WCSO. West Chatham never had direct contact with WCSO in connection with the fictitious quote. Because the Sales Rep was asked to provide a fictitious quote for a Dodge Charger, she prepared the quote to include prices for the following parts specific t~ Dodge Chargers: (a) “TAIL LIGHT FLASHER DODGE CHARGER”; (b) “VS-2500-CHGR-1 Console 25” 11-19 Charger (pol pkg)”; and (c) “STINGER DS LED W/DC CHARGER.”

2019 — The third bid used by Worth to justify WCSO’s award of 14 “upfit” contracts to Cox was taken from the secure website of Performance Automotive, the car dealership that provided WCSO with many ofits new vehicles. Worth obtained Performance Automotive’s quote from a password-protected website and made a practice of sharing this information with Cox. Worth obtained a one-page printout of a quote from Performance Automotive for the “upfit” of a 2019 Dodge Charger and used it throughout the year, whether the “upfit” contract was for a Dodge Charger or another type of vehicle. With prior

knowledge of the competing quotes that would be submitted to County Purchasing, Cox was able to ensure that EEE’s quote was the lowest. If Cox needed to reduce EEE’s quote, he would often do so by only bidding on a subset of the parts necessary for a complete “upfit” or by reducing EEE’s charge for labor. Worth and Cox would then arrange for EEE to be paid for such parts and labor in follow-up invoices ofless than $1,000.

2019 — Worth used the West Chatham and Performance Automotive quotes to justify the award of 14 “upfit” contracts to EEE. Although the quotes covered parts specific to a Dodge Charger, the awards related to four Dodge Trucks and two Chevy Tahoes. The following is a summary of the manner in which Wayne County paid the invoices:

(a) Four Dodge Truck upfits - Wayne County paid EEE the sum of $17,587.83 by mailing Wayne County check number 374717 to EEE on or about November 21, 2019.

(b) Eight Dodge Charger upfits - Wayne County paid EEE the sum of $35,175.66 by mailing Wayne County check number 376372 to EEE on or about.December 31, 2019.

(c) Two Chevy Tahoe upfits- Wayne County paid EEE the sum of $8,782.44 by mailing Wayne County check number 379451 to EEE on or about March 5, 2020.

April 2020 — Worth texted Cox and directed him to prepare a false invoice by stating as follows, “[m]e and Brian got a phone holder each. Will you bill as a pair of shoes.”

June 2020 — Worth sent the following text instructing Cox to backdate an EEE invoice: “Estimate number 1247. Change date to 2/20/2020.” 2020 Improper Sharing on Performance Automotive’s Quote

August 2020 — Cox texted Worth as follows: “You got a list of equipment or either your password to log in or sign on.” Worth responded as follows: performancepolice.com chris. WORTH@waynegov.com ******** [Password has been redacted for purposes of Superseding In-

dictment]. Because Worth had corruptly provided Cox with access to Performance Automotive’s pricing, Cox realized that Performance Automotive’s quote would be lower than EEE’s quote. In order to rig the process in his favor and beat Performance Automotive’s quote, Cox reduced EEE’s line item charge for “HAV- C-ARM-103Adjustable Flip Armrest” to zero. This allowed EEE to beat the Performance Automotive quote by $31.05. In order to recoup the cost of the armrests, Cox would later present WCSO with a separate bill for nine of the armrests.

September 2020 — Cox sent the West Chatham Sales Rep a copy of EEE’s competing bid for the 2020-2021 WCSO “upfit” contracts. The Sales Rep used this information to ensure that the fictitious West Chatham quote was higher than EEE’s bid. At 9:07 a.m., a copy of the fictitious quote was emailed from the Sales Rep in Georgia, to Cox’s email account in the Eastern District of North Carolina. At 10:44 p.m. on that same day, Cox forwarded the fictitious West Chatham quote from his Yahoo email account to Worth’s WCSO email account. 2020 A ward of 11 “Upfit” Contracts to EEE. Cox and Worth corruptly used the West Chatham and Performance Automotive quotes to justify the award of 11 “upfit” contracts to EEE in 2020-2021. Although the quotes were based on parts for a Dodge Charger, the upfit awards were for nine Dodge Durangos and two Chevy Tahoes. The following is a summary of the manner in which Wayne County paid the invoices:

(a) Nine Dodge Durangos upfits - Wayne County paid EEE the sum of $40,735.32 by mailing Wayne County check number 14360 to EEE on or about October 31, 2020.

(b) One Chevy Tahoe upfit - Wayne County paid EEE the sum of $4,396.96 by mailing EEE Wayne County check number 15484 to EEE on or about December 7, 2020.

(c) One Chevy Tahoe upfit - Wayne County paid EEE the sum of $4,526.15 by mailing Wayne County check number 21789 to EEE on or about May 11, 2021.

April 2021 — In order to recoup the price of the armrest installations that Cox had removed from EEE’s quote on the nine Dodge Durangos in 2020, EEE submitted an invoice in the sum of $968.22 for nine “HAV-C-ARM-103 -- Adjustable Flip Armrest.” The charge before tax was $968.22, which allowed Worth to avoid having to document three quotes. On the same date, Cox sought payment for the labor involved in connection with the decals on the nine Durangos. To avoid documentation requirements, Cox split the cost of the decalrelated expenses into $900 and $450 invoices. Payment of the armrests and decal installment invoices were made by Wayne Count check number 21562, which was mailed to EEE on April 30, 2021.n

A WCSO Chevrolet Tahoe.

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the SPECTATOR

Falcons on fire

The Charles B. Aycock football team is off to a red-hot start to its season and Sept. 20, the Golden Falcons blew out Johnston County foe Hunt in front of a raucous crowd in Pikeville.

PHOTOS BY KEN FINE

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