Friends Don’t Let Friends Drive Drunk
On February 24, 2009, a Tuesday night, after an evening in the Asheville area, DA Jay Gaither and his friend John Gold Borden, Jr. decided to call it a night. Following an argument over who was able to drive, Mr. Borden assumed the wheel of DA Jay Gaither’s 2000 Ford Windstar van (tag# WVE-7556). Click here to view DA Jay Gaither’s DMV title information.
Soon after DA Jay Gaither’s van turned onto Highway 9 in Black Mountain, NC, Officer B.E. Parks with the Black Mountain Police Department spotted the van being operated in a reckless manner and traveling well in excess of the posted speed limit. Upon pulling over the van, Officer Parks noticed a strong smell of alcohol coming from the occupants of the van. After conducting an assessment of Mr. Borden, Officer Parks determined that his blood-alcohol level was .18 which is more than twice the legal limit of .08.
Mr. Borden was arrested, charged with driving while impaired (N.C. Gen. Stat. 20-138.1) and issued a citation for reckless driving (N.C. Gen. Stat. 20-140(b)) and speeding (N.C. Gen. Stat. 20-141). Mr. Borden served six weeks in a residential treatment program for substance abuse and was later convicted of a Level 5 DWI, given a suspended sentence of 60 days in jail and 24 months of unsupervised probation. In addition, Mr. Borden is required under NC law to have an interlock device installed on the vehicle(s) he drives that prevents the vehicle from turning on if his blood-alcohol level is greater than the legal limit. Click here to view the citation and click here to view the court order.
Although DA Jay Gaither, without question, violated NC law (N.C. Gen. Stat. 20-179(f1)) by authorizing Mr. Borden to operate his van, Officer Parks decided not to arrest DA Jay Gaither for aiding and abetting a DWI. When Officer Parks was asked about why he failed to arrest DA Jay Gaither, he responded that “that was my call and I made it and I decided not to charge Gaither.” Click here to read written interview with Officer Parks.
Furthermore, when Officer Parks’ supervisor, Chief Kevin Pressley, was asked why DA Jay Gaither was not charged with aiding and abetting a DWI, he responded “we’re not concerned with the passengers in the vehicle in a DWI,” and that it’s the “officer’s discretion” as to whether the owner of the vehicle will be charged with aiding and abetting a DWI. Click here to listen to telephone conversation with Chief Kevin Pressley.
It is worth noting that Marcy Onieal, Town Manager for the Town of Black Mountain, has stated that it “is not the habit, practice or policy of the Town of Black Mountain, (Police Department included), to deny public records requests under any circumstances.”
For DA Jay Gaither’s admission of guilt in this matter, see the following news articles:
“DA gives keys to drunk driver”, The Observer News Enterprise, January 28, 2010
Under N.C. Gen. Stat. 20-179(f1) anyone who aids and abets a DWI is subject to a Level Five punishment. This would be the same punishment that Mr. Borden received.
DA Jay Gaither has stated that the “mission of the District Attorney’s office is . . . to ensure that the GUILTY ARE PUNISHED. We pledge to you that we will continue to pursue these goals every hour of every day.” Emphasis added. Click here to read DA Jay Gaither’s full statement and click here to read Letter from DA Jay Gaither.
Please take time to review the evidence and YOU be the judge as to whether DA Jay Gaither is setting a good example for our community and whether DA Jay Gaither should have been punished for his violation of NC Law.
Click here to see full court file.
Below are a few recent drunk driving news articles:
Justice speaks out on drunk driving case
I can’t believe that a DA could be so incompetent. Everyone of his campaigns has centerred around tough prosecution of DWIs. What a hypocrite!
What a piece of ***t gaither is!!
I think that Mr.Gaither has a drinking problem. From what I hear he is always with drunks and drinking. He needs help ! Can we not hear his cries for help as he shows his temper? The bad thing is that he gets all that free beer from his father in law and he does not know how to handle it.
Humble Jay MUST GO. This guy is not fit to be dog catcher,much less our DA. If he was the county dog catcher, he might would have to do some work! Then after catching a couple of dogs, he would stop some where to have a drink and after getting drunk he would have to have someone else drive the dog catcher truck back to the pound. LOL !
I was with friends a lot of times in the evenings in downtown Hickory this past summer and I would run into Jay partying with frineds.
I’m appalled that Mr. Gaither continues to lie and break the law. So many lives have been lost from drunk drivers and from people who allow them to drive. Only the tip of the iceberg of his complete and utter lack of respect to the people in this community.
This is serious corruption.
I got involved in the Catawba Co. GOp last year when DA gaither was fighing so hard to hold on to what little control he had over the local party.
I’m not suprised by this at all. He really showed what type of person he was when he locked over 200 fellow republicans out in the cold rain at last years convention. Now I see what he was so afraind of … the skeletons in his closet.
This looks REALLY BAD on the Catawba co. GOP and they need to take some type of reprimand action against this rogue DA.
FYI, “Captain” John is a big charter Captain out of SC who makes frequent trips to the Carribean. That begs the next question, does he bring back anything extra to the States?
Gaither needs to be held accountble. Will the HDR run with this news? I doubt it!
Here are my questions:
1. How could our District Attorney NOT know that his friend was too impaired to drive? He blew a .18!!
2. What does he mean–this isn’t a secret? I looked everywhere and couldn’t find a news story about this in Feb 2009. Who did he tell? Did he tell the Catawba, Burke and Caldwell County GOP? I guess I will have to call and find that out.
3. How does the DA think we can trust him to FAIRLY prosecute people without any kind of political vengence in mind when he won’t let himself be held accountable to the same law??!!
4. Why are the two statements different — the one from him and the one from Eric Bellas?
5. Why is ADA Eric Bellas releasing a statement for him? This isn’t an official matter of the DA’s office.
Susan, here’s what I think
1. the only way gaither didn’t know that his friend was too drunk to drive is that gaither was even more drunk
2. gaither told his campaign manager Donnie young about it, that way Donnie wouldn’t be surprised when it came out in the newspaer. Although, I will give gaither credit on one count — he’s not shy about his drinking habit. I and I’m sure many others have seen him about town throwing back a few. but he doesn’t find that to be a problem, after all his father in law, Dean Proctor, ownes one of the largest adult beverage distributorships in NC. The problem i have (and I would hope many others have) is gaither not having a problem with drinking and driving.
3. We can’t trust him to FAIRLY prosecute people. He doles out political favors like candy.
4. I don’t know why there are two statement??? i would like to know as well.
5. I agree with you this isn’t an oficial matter. it’s a personal matter. But once again we see gaither using his office for whatever he wants to use it for. just look at his campaign website, it has his office at each of the 3 courthouses as his campaign office. he lists the phone numbers for each of his official offices and he lists out all the state employees that we are paying for as his campaign staff.
Mark W.- I just looked at his campaign website and I agree- It looks as if he is using the “taxpayers staff” of the DA’s office as his campaign staff! or that is what he wants us to think… Wow! Call the State Personnel Office! Why is Eric Bellas, an ADA issuing any statements on behalf of the DA for his personal problems.
He does act as if they belong to him and are under his thumb. In each of our counties the hard working clerk of courts staff is paid by a statewide pay scale based on duties and length of service to the public- the DA on the other hand gets to decide who gets paid what. I think he has forgotten that these are public servants, not his personal servants.
UNBELIEVABLE. DA Gaither makes the chicago-style poltics of Obama look like childs play.
Not doing his job (or is it that he’s not capable of doing his job?) >> doling out favors for friends and who knows whoelse >> now, he thinks he’s above the law >> yep, sounds like chapteers out of Obama’s playbook.
He’d fit right in with the dems. That’s right, most Gaithers in Catwba Co. are dems anyway. Guess he figured he couldn’t get elected as a dem. Another one of those RHINOS.
Gotta agree after looking at this campaign website, that it does go over the line! You’d think a lawyer would know better.
SHAMEFUL MISCONDUCT !!
This person is an embarassment to himself and the citizens of the 25th District.
Looks like he has some choices–RESIGN or face the Humilation of defeat in the GOP primary May 4th.
I urge the leadership of the Catawba Co. GOP to take any action that they can to avoid a major train wreck if this guy stays in office.
I expect the Democrats are interviewing a host of volunteers wanting to run against him.
I”m voting for SHAWN CLARK in the primary May 4.
I think that Gaither has disgraced the Republican Party. I think that the local GOP shoud file a grievance against him for his actions.
James Gomer Gayther JR. needs to be put out of office. He is a disgrace as a DA. He grew up a rich punk (dad is a doctor)thinking that he is better than everybody else, then he married into the big beer money. How did he ever get elected to start with? His whole family is Democrats, his father in law gives big money to Democrats. The guy is a joke as a DA! He has a couple of lap dogs running around doing his dirty work for him as he is out playing golf or out on the lake. For one of the first times in his life he has someone standing up to him(Clark) and he can not stand it.
Watch out because I think that Gaither will try anything as he knows that he is in trouble. We have seen and heard of him losing his temper, but I don’t belive that we have seen anything yet and the more that he feels that he is in trouble, the more bad that it is going to be when he explodes! This man is not stable and if you have been around him when he gets mad you know what I am talking about.
Maybe when he has his mental breakdown he will be put in the mental hospital in Morganton and we can go by and blow our car horn at him as they let him outside sometimes to get some fresh air.
after reading this does anyone think jay gaither would not be capable of being behind the shawn clark fiasco. i really wish someone would find out if he had meetings with mr turnmire, if so someone should investigate gaither from the sbi
Jay Gaither MUST GO! Let us put this guy out of the DA’s Office and out on the street. Their are some good people that work in the DA’s office and because they are scared for their jobs they will not come out in the open and talk about Gaither. I know some of these good people and belive me, you would not belive some of the stories that I have been told! This guy is a low life and when I think about it, it scares me that he is the DA!
Do the right thing, Jay. Do not put us through this nasty campaign. Resign now or wait until the Observer News Enterprise runs it’s editorial…. but RESIGN.
Gaither should step down as DA for his own good as well as for the people of th 25th District. Over the past couple of years his drinking and temper have opened a lot of people’s eyes to the real Jay Gaither.
Jay Gaither must go! This guy should not be holding any kind of public office. Maybe after the election he can go to work for his father in-law driving a beer truck. No that would not work as he would just park the truck, invite his freinds over and have a big beer party. My idea after the election would be for Jay to ask me if I would like fries with my burger!
We the people of the 25th District can do a lot better for our selves than what we have for a DA now. We need to vote Gaither out of office, but I think that the right thing for Gaither to do for the people of the 25th, the Republican Party, his family and himself is to step down NOW as the DA. He broke the LAW and has admitted it by saying that he let a drunk drive his car. I want to know why Gaither has not been arrested for this?