News Topic Calls for Gaithers Resignation

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1 - 20 of 35 Comments Last updated Feb 8, 2010
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MADD Mother

Denver, NC

#1 Jan 30, 2010
Gaither’s actions prove he is unfit to serve as DA
by News-Topic Staff 17 hrs ago | 231 views | 0 | 5 ||“With great power, there must also come great responsibility.”

The often misquoted line – modified by Uncle Ben in the movie “Spider-Man”– actually first appeared in a 1962 comic that introduced the web-slinging hero. Whatever the source, the phrase serves as a reminder as to why we, in our capacity to elect our leaders, should demand the highest levels of integrity and openness from those who control the levers of our government.

Earlier this week, the News-Topic and The Observer News Enterprise in Newton documented that District Attorney Jay Gaither, by his own admission, allowed a man severely impaired by the effects of alcohol to get behind the wheel of Gaither’s automobile in the Buncombe County town of Black Mountain on Feb. 24, 2009. The man, identified as John Gold Borden Jr., was arrested that evening and determined to have a blood-alcohol level of .18, more than twice the legal limit of .08.

Mr. Gaither – who thus far has avoided personally contacting the News-Topic despite repeated requests, opting instead to have Assistant District Attorney Eric Bellas issue an e-mailed comment on his behalf – claims Borden did not show signs of being drunk. This statement defies credulity and insults the intelligence of the people Mr. Gaither represents.

According to K.M. Dubowski, regarded as a leading expert on the medical aspects of alcohol use and the creator of a widely accepted “Stages of Alcohol Intoxication” chart, individuals in Mr. Borden’s condition have reached a level classified as “Confusion” that is marked by “increased muscular incoordination, staggering gait and slurred speech.” Or, as described by other medical publications, Mr. Borden’s blood-alcohol content was consistent with being “sloppy drunk.”

At this point, the News-Topic has not been able to verify whether or not Mr. Gaither was in the vehicle with Mr. Borden at the time of the criminal incident. Nevertheless, Mr. Gaither legally was culpable under North Carolina law for aiding and abetting an intoxicated driver. Though he was not charged for violating the law, Mr. Gaither placed the safety and well-being of Mr. Borden and the residents of Black Mountain at considerable risk. Imagine if Mr. Borden had wrecked, potentially injuring or even killing innocent people in the process.

As the chief legal affairs officer for Caldwell, Burke and Catawba counties, Mr. Gaither has a sworn duty to uphold the law. In fact, his Web site – headlined by the slogan “Protecting Our Families”– promotes an increase in DWI conviction rates during his tenure that began following his 2002 election and subsequent re-election four years later.

At the same time, however, Mr. Gaither consistently has exhibited an appalling lack of accountability and accessibility when questions arise concerning his personal actions and the department he directs. Mr. Gaither seems to have forgotten or never grasped that the people he serves (not to mention pay his salary) demand a level of integrity that is beyond reproach.

By letting a drunken person take to the streets, Mr. Gaither failed not only himself, but also the people he represents. As a result, it is the opinion of the News-Topic that Mr. Gaither should stand before the public, issue an apology for his blatant disregard for the law and resign his position.

The people of Caldwell, Burke and Catawba counties deserve a district attorney who understands the power of responsibility.
momof2eg

Lenoir, NC

#2 Jan 30, 2010
check this out, as well, if you want more information on other issues with Jay Gaither. http://jaygaither.org/
BBG

Morganton, NC

#3 Jan 30, 2010
Shit, we got another one in there don't we.
Caldwell Voter

United States

#4 Jan 30, 2010
Besides this latest atrocity, Gaither has been a less than stellar DA. He won the office because his father-in-law is wealthy, and he has disappointed in his performance. The question is: who is qualified to take his place?
BBG

Morganton, NC

#5 Jan 30, 2010
Caldwell Voter wrote:
Besides this latest atrocity, Gaither has been a less than stellar DA. He won the office because his father-in-law is wealthy, and he has disappointed in his performance. The question is: who is qualified to take his place?
You're going to have to import someone to fill the job. Someone sober and not on dope. Judge Judy might work here in this area.
votertoo

Manteo, NC

#6 Jan 30, 2010
Caldwell Voter wrote:
Besides this latest atrocity, Gaither has been a less than stellar DA. He won the office because his father-in-law is wealthy, and he has disappointed in his performance. The question is: who is qualified to take his place?
Caldwell Co is a joke. They plea everything and give deferreds away.
jon

Crouse, NC

#7 Jan 30, 2010
Caldwell Voter wrote:
Besides this latest atrocity, Gaither has been a less than stellar DA. He won the office because his father-in-law is wealthy, and he has disappointed in his performance. The question is: who is qualified to take his place?
I am a republician but would not vote for Gaither again.Wrong is wrong no matter whos doing it.
Panther

Duncan, SC

#8 Jan 30, 2010
BBG wrote:
<quoted text> You're going to have to import someone to fill the job. Someone sober and not on dope. Judge Judy might work here in this area.
I'd vote for Judge Joe Brown!
Panther

Duncan, SC

#9 Jan 30, 2010
This is not the only thing that has happened under his watch. What about the time his assistant DA shot the window out of the justice center in Catawba Co. and he did nothing about it?
Panther

Duncan, SC

#10 Jan 30, 2010
While we're at it, was it not his office that couldn't successfully prosecute the Emily Anderson case? Oh! My bad, they blamed all of that on the CCSO.
GOP Primary Voter

Denver, NC

#11 Jan 30, 2010
Good Point- to bring up the Emily Anderson Case that actually went to trial...What about the cases that never went to trial...the Damron case, that was "mis-"handled by the Caldwell DAs office- while they were waiting (one year) for charges to be brought by the DA they murdered (allegdly) someone in Taylorsville...
adaml

Manteo, NC

#12 Jan 30, 2010
Panther wrote:
This is not the only thing that has happened under his watch. What about the time his assistant DA shot the window out of the justice center in Catawba Co. and he did nothing about it?
We need new judges as well. We have some WEAK judges.
juror on davis case

United States

#13 Jan 30, 2010
yes just like the jon davis case the victim was paid a chunk of change to re act an old case and just throw in a few new words and gaither now has been served with papers to re open this case,by the federal marshals office, and amy morgan had been paid a small chunk of change to lie as well, so had det barlow who really was after davis! well just like the anderson case as soon as all this imformation is opened back up ccsd is going to look like crap and gaither has agreed he will coperate now in the truth of this new trial for davis,
BBG

Morganton, NC

#14 Jan 31, 2010
Panther wrote:
<quoted text>
I'd vote for Judge Joe Brown!
Yes, He'd be a good one to get onto some of this bs around here.
WTF

Louisburg, NC

#15 Jan 31, 2010
Last Da was caught drunk driving, drug rehab, breaking into ex's house etc.. SO incompetent. Now this Gaither thing. WTF is going on with our LE?
doc who

Lenoir, NC

#16 Jan 31, 2010
All of yall just go ahead jump on the band wagon , they have to be another side to this story , i hope Mr Gaither tells it on the radio or tv and not that shity newsless topic
WTF

Louisburg, NC

#17 Jan 31, 2010
For LNT to print anything against a republican, he must have really done a lot of other horrible things
doc who wrote:
All of yall just go ahead jump on the band wagon , they have to be another side to this story , i hope Mr Gaither tells it on the radio or tv and not that shity newsless topic
Disgusted

United States

#18 Feb 1, 2010
I wish the Hickory Daily Record felt community responsibility that the lenoir news topix felt. His handling of the fatality involving a doctor in Catawba County has never been reported in the regular news media.
obstructionist

Louisburg, NC

#19 Feb 1, 2010
HDR is more of a republican rag than LNT, if such is possible
Disgusted wrote:
I wish the Hickory Daily Record felt community responsibility that the lenoir news topix felt. His handling of the fatality involving a doctor in Catawba County has never been reported in the regular news media.
Bob

Elm City, NC

#20 Feb 1, 2010
Jay Gaither has always been and will always be a joke. He's never tried a case. When it comes too prosecuting criminals he coudn't find his way out a paper bag. Now we find out he's an alcholic too.. Maybe that's why he such a disgrace as a DA. He's too drunk to knoww how to do his job. He not only should resiggn but he should refund all of our taxpayer dollarss he's been paid to do such a soorry job. In fact, he should have to pay us for having to putt up with him for the past 7 years.

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