Former Johnston County Magistrate Velody Foye-Byrd of Smithfield pleaded guilty to misdemeanor accessing government computers during a court hearing Monday afternoon before Senior Resident Superior Court Judge Thomas H. Lock.
Foye-Byrd, 47, had been indicted by a Johnston County Grand Jury in July on the charges. According to the indictment, Foye-Byrd knowingly and without authorization accessed a government computer at the Johnston County Magistrate’s Office with access to State of North Carolina criminal records to perform personal searches for personal information and not related to her duties. The indictments stated Foye-Byrd illegally searched the records of three individuals: Manique Cutler, Anthony Scott Sims and Shenette Stevens Walker aka Shenette Walker Banks.
After entering a guilty plea, Foye-Byrd received a 30 day suspended sentence and was placed on unsupervised probation for 18 months. Effective immediately, she agreed to resign from her position as a magistrate in Johnston County and not seek employment as a magistrate or any other government position in which she would have access to government computer programs capable of accessing personal information about private citizens and law enforcement personnel.
Investigation
This plea concludes an investigation that began in October 2017. Upon receiving information that Foye-Byrd was potentially providing information to individuals who had warrants out for their arrest without being requested to do so by law enforcement personnel, Johnston County District Attorney Susan I. Doyle requested the assistance of the North Carolina State Bureau of Investigation to investigate these claims.
Doyle said she believed it was important to investigate the matter because of the potential abuse of governmental duties, but also because law enforcement could be placed in danger if criminals were “tipped off” that the police were coming to serve outstanding warrants. This action could increase the risk of criminals fleeing or resisting law enforcement, which is a danger not only to the officers but also to the public.
As part of the investigation, Special Agent William Del Carmen requested an audit of Foye-Byrd’s state criminal record computer account, known as CJLEADS, between January 1, 2016 through October 16, 2017.
CJLEADS is a computer program that allows access to an individual’s criminal record, driving record, address, images, pending and disposed criminal charges, and other personal information. In order for a government employee to have access to CJLEADS, the employee must complete a training and agree to a policy that mandates the employee only use CJLEADS for official government duties.
The audit revealed Ms. Foye-Byrd searched for information about numerous individuals that had no connection to her governmental duties.
Victims Records Searched 71 Times
Special Agent Del Carmen noticed three victims had been searched an extraordinary number of times, including searching for information about one victim 71 times.
Searches of Ms. Foye-Byrd’s cell phone and Facebook account revealed Ms. Foye-Byrd was having personal issues with this individual as well as an acquaintance of his, who Ms. Foye-Byrd searched 42 times in CJLEADS.
The SBI agent confirmed neither of these victims had any outstanding criminal process in Johnston County that would give Foye-Byrd an official governmental purpose to be searching CJLEADS for them. The third victim was identified as a bondswoman and friend of Ms. Foye-Byrd.
Magistrate Admitted “Watching” Bondswoman’s Records
In an interview with the SBI agent, Ms. Foye-Byrd admitted she was “watching” this bondswoman on CJLEADS and that she had told her there was an outstanding order for arrest for her. Ms. Foye-Byrd admitted she knew she could not provide information to individuals as to whether they had warrants out for their arrest without them appearing before her for official service of process.
“I appreciate the quick resolution of this matter, and I am satisfied that the defendant will not be able to invade the privacy of citizens or endanger law enforcement through her employment again,” District Attorney Susan Doyle said after the case today. “CJLEADS is a powerful and useful tool for government employees. It provides us with a wealth of information that enables us to evaluate and resolve cases in an efficient manner; however, the integrity of the program cannot be violated by those seeking to use CJLEADS for personal gain or to further personal vendettas. Such actions shake public confidence and endanger law enforcement officers attempting to discharge their official duties.”
The State was represented by Assistant District Attorney Jason Waller. Attorney Jack O’Hale represented the defendant.
