Charles McNeair (North Carolina State Bureau of Investigation)

Wesley Lowery filed this request with the North Carolina State Bureau of Investigation of North Carolina.
Multi Request Charles McNeair
Status
Completed

Communications

From: Wesley Lowery

To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

The police incident report, investigative file and any other documents concerning the Nov. 25, 1979 reported rape at 802 FAIRVIEW DR, Lexington, N.C. for which Charles McNeair (DOB: 12/13/1962) was arrested and charged

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Wesley Lowery

From: North Carolina State Bureau of Investigation

The North Carolina State Bureau of Investigation (NCSBI) received the attached request on March 27, 2023. After a search of the NCSBI records database, we have been unable to locate any information indexed under the name of Charles McNeair. Even if the NCSBI does have any information related to this investigation, the information would have been obtained during a criminal investigation and would be contained in the criminal investigative file. Pursuant to NCGS 132-1.4, criminal investigative files are not public records. None of the information you request appears to be considered public records under the NC Public Records Act. Therefore, I am unable to provide any of the documents you request without a court order.

Sincerely,

Angel E. Gray
General Counsel
N.C. State Bureau of Investigation
3320 Garner Road
Raleigh, NC 27610
919-662-4500 (Main #)
919-582-8512 (Direct #)
919-662-4523 (Fax #)
agray@ncsbi.gov<mailto:agray@ncsbi.gov>
[SBI Seal]

The information contained in this e-mail is law enforcement sensitive and intended for official use only by agencies participating within the meaning of 28 C.F.R. Part 23. Thereby, this email and its contents are regarded as a record of criminal intelligence information exempt from public access or review under N.C. Gen. Stat. ? 132-1.4. Please contact NC ISAAC 919-716-1111 before further disclosure.

From: North Carolina State Bureau of Investigation

Good afternoon,

Your request for information related to the November 25, 1979, reported rape at 802 Fairview Drive in Lexington, North Carolina has been forwarded to me for response.

The complete investigative file related to this matter is not a public record and is deemed to be confidential pursuant to North Carolina General Statute 132-1.4.

The public record information from the SBI investigative file that is public pursuant to that statute is:

(1) The time, date, location, and nature of a violation or apparent violation of the law reported to a public law enforcement agency. A reported rape on or about November 26, 1979 at approximately 4:00 a.m at 802B Fairview Drive Lexington, North Carolina.

(2) The name, sex, age, address, employment, and alleged violation of law of a person arrested, charged, or indicted. Charles Anthony McNeair, male, 16, employed by Dixie Furniture, burglary and rape.

(3) The circumstances surrounding an arrest, including the time and place of the arrest, whether the arrest involved resistance, possession or use of weapons, or pursuit, and a description of any items seized in connection with the arrest. The suspect was arrested in the home of the victim on or about November 26, 1979 at approximately 4:30 a.m.

(4) The contents of "911" and other emergency telephone calls received by or on behalf of public law enforcement agencies, except for such contents that reveal the natural voice, name, address, telephone number, or other information that may identify the caller, victim, or witness. In order to protect the identity of the complaining witness, the contents of "911" and other emergency telephone calls may be released pursuant to this section in the form of a written transcript or altered voice reproduction; provided that the original shall be provided under process to be used as evidence in any relevant civil or criminal proceeding. It does not appear that the SBI is in possession of any 911 calls.

(5) The contents of communications between or among employees of public law enforcement agencies that are broadcast over the public airways. It does not appear that the SBI is in possess of this information.

(6) The name, sex, age, and address of a complaining witness. The SBI's assistance was requested by Lt. Harold Caudle of the Lexington police Department. Male, age unknown, current address of the Lexington Police Department is 106 Main Street Lexington, North Carolina 27292.

Sincerely,

Joy Strickland
J. Joy Strickland
Deputy General Counsel
N.C. State Bureau of Investigation
3320 Garner Road
Raleigh, NC 27610
919-662-4500 (Main #)
919-582-8524 (Direct #)
jstrickland@ncsbi.gov<mailto:jstrickland@ncsbi.gov>
[cid:image001.png@01D99EA5.8807B820]

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

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