News-Topic Calls for Gaither to Resign
“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.
Jay Gaither is a drunk. he was in the car and he made his “freind” drive.
I saw him at a restaurant throwwing back drinks. He drank 5 large beers then hopped into his SUV and drove off. I and several of my friends talked about it after it happened. we couldn’tl believe a DA would do something so stupid.
Last time I saw him he was pitching a fit like a drunk and I don’t think he had anything to drink. Image what he is like when he is drinking.
My wife and myself were out eating at a place in Hickory and Mr.Gaither was there and when we came into the place he came over and said hello to us. At that time we could tell that he had had a good bit to drink and as he went back to the bar my wife said that it was hard to belive that he was the DA and was that drunk in public. Over an hour later when we got up to leave, Mr.Gaither was still sitting there drinking. People are DA has a problem besides letting a drunk drive his car!
Jay, be a man and face up to it that you have a drinking problem. A lot of people have seen you out at different places drinking, not just drinking but drunk! For your own good,you need to go get help and you do not at this time need to be the DA. Step down now as most everyone around you can see that you have problems.
It seems that at this time that the Hickory Record is not doing anything on this story and I wonder why? Our DA broke the law and nothing was done. People need to know this and we all need to be telling anybody and everybody that we can about this web site.
Glad to see that the Hickory paper did a story on this. It was about time as it was a week after the Newton & Lenior papers came out with it. But the bottom line is Gaither MUST GO!!!!!!!!