Pressure mounts on NC Democrat Brockman to resign following sex charges

The leader of the Guilford County Democratic Party wants Republican legislative leaders to remove Democratic Rep. Cecil Brockman, the High Point legislator who was charged this month with child sex offenses.

Kathy Kirkpatrick, chair of the Guilford County Democrats, told WRAL Wednesday that she’s ready to replace Brockman, who faces two counts of statutory sex offense with a child and two additional counts of indecent liberties with a child.

Brockman, 41, is being held in a High Point jail on a $1.05 million bond. Neither Brockman nor his attorney have responded to WRAL’s requests for comment. Brockman’s legislative aide told WRAL in a phone interview that he’s unaware of any plans for Brockman to resign.

Democratic Gov. Josh Stein, the state Democratic Party, and legislative leaders on both sides of the aisle have called on Brockman to resign. And on Tuesday, Republican House Speaker Destin Hall said he is forming a committee to review Brockman’s charges and — if warranted — start the process of removing him from office.

If Brockman resigns or if he is removed, the governor would be required by state law to appoint a replacement who is recommended by members of the Guilford County Democratic Party.

Kirkpatrick said she has been calling members of the local Party to see when they might be available for a meeting to potentially elect Brockman’s replacement, if he resigns or is removed.

A day after Brockman’s arrest, Kirkpatrick said Brockman should resign “if credible evidence substantiates the allegations against him.” On Wednesday, Kirkpatrick said she believes the evidence against Brockman is credible and that he should resign or be removed.

“I would hope that he would resign at this point,” she said. “It doesn't look like he will. So my next hope would be that the House caucus goes ahead and expels him.”

She added: “We have plenty of credible evidence that he did what he's being accused of. So I would like them to then go ahead and expel him so we can get representation for House District 60 in a seat and ready to vote.”

Allegations against Brockman

Guilford County prosecutors have said the alleged victim, who is 15, lived with Brockman for a period near Atlanta, where prosecutors say they had met on a dating app. The two moved to High Point during the summer, according to a summary of the allegations read by prosecutors.

Prosecutors said Brockman called emergency dispatchers on Oct. 5 to report a missing friend. Davidson County dispatchers realized Brockman was referring to a juvenile and Brockman said he had been tracking the person using an app, according to prosecutors. After sending a ride-share vehicle to pick up the juvenile in Davidson County, the driver couldn’t find the alleged victim and canceled the ride, prosecutors said. At that point, High Point police became involved and later, the State Bureau of Investigation launched an investigation, prosecutors said.

The alleged victim’s cell phone was searched and 14 videos of illicit acts were found, according to prosecutors. The SBI recognized Brockman in the videos, prosecutors said. The footage showed acts consistent with what the victim described to them during an interview, prosecutors said.

Brockman tried to contact the victim, who was being treated at a nearby hospital, and attempted to push his way through a locked door at the facility, prosecutors said. Authorities alleged in court documents that he attempted to contact a victim in the hospital and that he attempted to “use his status to gain information on the whereabouts of the victim.”

Hall, the House Speaker, is among the politicians who have called on Brockman to resign. The Caldwell County Republican has called the charges against Brockman “shocking and extremely serious.” Hall said the creation of a legislative committee to review Brockman’s case is similar to how legislators reviewed a House member’s status nearly 20 years ago. The state House in 2008 voted 109-5 to remove Wilmington Democratic Rep. Thomas Wright from office after he was charged with using campaign funds for personal purchases and abusing his political power to get a loan.

Handling Brockman’s absence

One key difference between the legislature’s reviews of Wright and Brockman: the defendant’s availability.

In the 2008 case, Wright appeared at hearings in person to defend himself. As of Wednesday, Brockman had not bonded out of jail. His next court appearance is scheduled for Nov. 13.

“A person who is up for expulsion has to receive due process,” Hall told reporters Wednesday. “Part of our issue is he is, as I understand it, [he is] still in jail, and so obviously couldn’t be here to present evidence one way or the other.”

Kirkpatrick said she hopes legislators move quickly to replace Brockman so that the party can uphold Stein’s vetoes. The Democratic governor earlier this year vetoed bills that would loosen North Carolina’s gun laws and eliminate diversity policies in state agencies, among other things.

Legislators can override Stein’s vetoes by passing those bills with 60% support. Republicans hold a veto-proof majority in the state Senate but not in the state House of Representatives, where the GOP came up one seat short in the most recent elections.

If Brockman remains out and all other House members are present, Republicans would need just one Democrat to vote with the GOP, or to be absent from the vote, to override Stein's vetoes — provided all Republicans voted together in favor of the override.

“Brockman didn't always vote with Democrats, but he sometimes upheld the governor's veto. And right now, there's no possibility of that happening without somebody in that seat,” Kirkpatrick said. “So we're a little worried about that, knowing the shenanigans the Republicans play.”

Hall told reporters Wednesday that he’s taking Brockman’s case seriously — but that he wouldn’t sacrifice due process for the sake of expediency.

“It’s a serious matter: to remove a member from the House,” Hall said.

“He was elected to be here,” Hall added. “So we’re going to treat it with the seriousness it deserves. And if the evidence bears out true as to the allegations, then I expect this body will expel him.”