Former DA enters agreement, does not admit guilt

Published 9:48 am Thursday, December 3, 2015

Charges against Former Assistant District Attorney Wendy Terry could be dismissed, if she follows through with an agreement signed Tuesday in Davidson Superior Court.

Her attorney, Wes Brittain, said there was an “agreement recited by the court, in open court” that the charges of felony obstructing justice, misdemeanor primary/election violation, two counts felony buying and selling offices, attempt to obtain property by false pretense, and attempt to violate campaign contribution limitation will be dismissed.

Terry was indicted on the charges in September, after it was alleged she promised to give money to the wife of a political opponent who would have been running against Terry for Superior Court judge in the November 2016 election and that she promised and tried to pay the filing fee for Jeffrey J. Berg, husband of April C. Wood, a district court judge.

District Attorney Garry Frank placed Terry, 44, of Advance, on administrative leave at the end of July, and she resigned the same morning she was indicted, Sept. 8. She had been assistant DA in Judicial District 22B for about 10 years, Frank said.

Brittain said reports that Terry had entered into a plea agreement are wrong.

“Mrs. Terry did not do any sort of plea. Wendy has always maintained her innocence. As Wendy’s lawyers, it has always been our goal to obtain a dismissal of these charges. This resolution accomplishes that objective and thereby ensures that Wendy’s good character and her long record of distinguished service to the community and the state are maintained.

“We are glad this chapter is coming to a close and that Mrs. Terry will be able to move on with her life without a criminal conviction of any kind,” Brittain said in a press release.

The agreement includes: a $5,000 fine; 400 hours of community service; two years probation; that she will not run for any public office or seek a political appointment; that she will not attend any political function for a party or individual to include dinners, fundraisers, meetings, working at polls or endorsing a candidate.

The complete file will be turned over to the N.C. State Bar, which is in charge of discipline considering her law license.