Police Post Draws Fierce Online Criticism

The Rutherfordton Police Department and town officials are facing renewed scrutiny after a controversial social media post about a man living outdoors downtown was deleted, prompting questions about transparency and North Carolina public records law.

The police department posted a “public service announcement” Dec. 16 stating the man, identified as Theodore Johnson, was not homeless, had access to housing and financial resources, and “chooses to live this lifestyle.” The post urged residents to stop giving him money and to limit calls to police. After strong public backlash, the department removed the post and later issued an apology.

Police Chief Clint Ingle said officers and community partners, including social services and mental health professionals, have worked repeatedly with Johnson and emphasized that law enforcement cannot force treatment or housing unless strict legal criteria are met.

"While there was never any intention for the recent post to cause harm, we understand how it may have been perceived without full context. Many efforts have been made through multiple avenues to support this individual, and we recognize that may not have been fully understood. We hope this post provides greater clarity and understanding," Chief Ingle said.

Town officials later issued their own apology in the comments, saying the post did not reflect the town’s values and that internal communication practices are now under review.

What the department did not initially address is that, under North Carolina law, a police department cannot simply delete a public record.

North Carolina’s Public Records Law defines public records broadly to include electronic communications, such as social media posts, created or received in the course of public business. Those records belong to the public, not the agency. State law prohibits public officials from destroying, altering, or deleting public records without authorization from the North Carolina Department of Natural and Cultural Resources, which oversees records retention schedules.

Public records advocates note that even when a post is taken down from public view, agencies are still required to preserve it internally and produce it in response to a lawful records request.

The incident also comes with added context. Public court records show Johnson was arrested in November and served 23 days in jail after being convicted of misdemeanor offenses, including littering, communicating threats, and second-degree trespass. That incarceration helps explain why residents temporarily stopped seeing him downtown, before calls to police resumed after his release.

Town officials said they are committed to transparency going forward. For now, the episode has sparked a broader local conversation about homelessness, mental health, law enforcement’s role, and the legal obligations public agencies have when they communicate online.