A charge of impersonating a law enforcement officer has been expunged from a former Wake County prosecutor’s record after he completed community service and other actions, according to an interview and court records.
Adam Everett, an assistant district attorney for roughly five years, resigned in February. Before his resignation he was suspended for 10 days and put on administrative leave following an alleged Jan. 1 incident.
Between 1 a.m. and 1:30 a.m. on New Year’s Day, Everett knocked on an apartment door in downtown Raleigh with a holstered gun, said he was a narcotics officer and asked to search the apartment while threatening to get a search warrant, according to interviews and court documents, The News & Observer reported.
On April 1, Everett pleaded guilty to impersonating a law enforcement officer under a deferred prosecution agreement, said Mike Waters, the district attorney for Granville, Vance, Franklin, Warren and Person counties. Wake County District Attorney Lorrin Freeman asked Waters to take the case due to a conflict on interest.
The agreement allowed the charge to be dismissed if Everett got a substance-abuse assessment and complied with recommended treatment, completed 75 hours of community service and stayed out of trouble for 180 days, which ends Sept. 28.
If Everett violates the agreement, he could be recharged, Waters said. He has met the community service and the substance abuse requirements, Waters said.
Everett appears to already have had records for his case expunged, erasing it from public view, according to a search of court records by a reporter and a Wake County District Court clerk.
According to a state law that took effect Dec. 1, anyone charged with a crime who is found not guilty or who has the charge dismissed is eligible for expunction without a hearing.
Waters did not know the case had been expunged but said the deferred prosecution agreement is typical of how he handles such cases.
“This is consistent with how I would handle a first-time offender under similar circumstances,” he said.
Everett referred questions to his attorney, Roger Smith. The N&O left a phone message for Smith Wednesday morning seeking comment.