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ABC official will be fired

He's charged with theft of government property

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Published: May 9, 2008

The chief of Triad Municipal ABC Law Enforcement will be fired today, Jim Waddell, the ABC administrator, said yesterday.

Danny Burton, the agency's chief, has been on paid suspension since Tuesday, when FBI agents searched his office as part of an investigation into allegations that he stole money seized during ABC investigations.

Burton was arrested and charged Wednesday with one count of theft of government property. He is accused of taking $1,020 in cash from a bank bag seized during what appeared to be an arrest in a gambling case. But that case was part of an undercover sting arranged by agents with the FBI and the State Bureau of Investigation.

Asked when he knew of the allegations against Burton, Waddell responded, "When the FBI showed up at the door."

Waddell said he decided yesterday morning to fire Burton after reviewing search warrants given to him by the FBI. Eddie Fernandez, a lieutenant under Burton, will be named acting chief, Waddell said. Waddell said he would first consider internal candidates to replace Burton.

The Triad Alcoholic Beverage Control Law Enforcement is a small agency with five sworn agents who work undercover and report to the chief. Their main duties are investigating illegal drugs and violations of state alcohol laws.

ABC boards are generally independent of the N.C. ABC Commission.

The commission's chairman, Douglas A. Fox, said yesterday that any decisions about Burton would be made by local ABC officials because Burton is their employee.

The federal agents videotaped Burton as he handled the bank bag during the fake gambling bust, used an airplane to follow him home and recorded conversations between Burton and agents involved in the fake arrest.

The charge against Burton -- theft of more than $1,000 of public money -- can carry up to 10 years in federal prison if he is convicted.

The Triad ABC's board is scheduled to meet Monday. Waddell said he will ask the board to approve changes to ABC Law Enforcement procedures.

He would not say what those suggested changes would be.

"We are reviewing all of our procedures to see what, if any, changes need to be made to prevent something like this from happening again," he said.

One common safeguard in law-enforcement agencies is to audit lockers used to store evidence occasionally to make sure no evidence is missing. Waddell said that ABC does not do evidence audits.

It's not yet clear what effect Burton's arrest will have on pending court cases.

The Forsyth County district attorney, Tom Keith, said that his office is reviewing current cases and will then review past cases.

A spokeswoman with the U.S. Attorney's Office in Greensboro could not be reached.

■ Dan Galindo can be reached at 727-7377 or at dgalindo@wsjournal.com.

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