Overview:
• Murillo says he still wants to prove he did not plead guilty to a felony
• He could face a new felony charge of lying on his candidacy form
• District 5 incumbent Lynne Greene now has no opponent
Fayetteville City Council candidate Enrique “Ranger Rick” Murillo dropped out of the election Thursday afternoon.
His decision, which he told CityView he reached on Wednesday, follows the Cumberland County Board of Elections’ vote the day before to allow Murillo to remain in the race for city council. The board considered a challenge to Murillo’s candidacy from a Fayetteville voter, who alleged Murillo lied on his candidacy form by not stating he had a previous felony conviction.
Murillo, 45, contends that court records from South Carolina indicating a felony conviction in 2012 are erroneous, and he is trying to verify that and get the records corrected. The records say Murillo was charged with a felony sexual assault in 2011, and resolved the case with a guilty plea to felony assault-and-battery (which is not a sex offense). He asserts he pleaded guilty to a misdemeanor assault-and-battery charge.
He was sentenced to a year of probation following his conviction.
If Murillo had stayed in the race, he would have had to admit to a felony conviction even though he believes that is untrue, and he said he does not want to do that.
“So I just have to focus on figuring out this whole situation of this South Carolina bullcrap,” he said. “If it is a felony and it was something that was agreed upon years ago, then yes. But I am still in doubt.”
Opponent questions enforcement of election law
Murillo’s departure from the election leaves District 5 City Council Member Lynne Bissette Greene unchallenged for reelection.
“It really wasn’t about him running as much as it was about the process,” Greene said. “Having the question there and being assured that it’s being answered truthfully.”
Despite the Board of Elections’ conclusion on Tuesday that Murillo lied about his criminal record, it did not remove him from the ballot. Board members said they aren’t allowed to cancel a person’s candidacy for lying about a felony record.
Greene said that if the Board of Elections won’t vet the candidacy forms and conduct background checks on the candidates, then the question shouldn’t be on the forms.
“Just remove the question,” she said.
District 5 voter Melene Hatcher, who is a friend of Greene’s, filed the challenge to Murillo’s candidacy. Even though Murillo has withdrawn from the election, Hatcher said she is pursuing an appeal with the State Board of Elections to overturn the county board’s decision on Tuesday that ruled against her challenge of his candidacy.
“I am happy to hear that Mr. Murillo is not on the ballot, as I believe a candidate should have to complete the Candidacy Form truthfully and completely to be allowed to run for office,” Hatcher said in an email to CityView on Thursday. “I hope our election statutes will be amended to eliminate these loopholes.”
Murillo could face new felony charge
A State Board of Elections investigation may now begin as to whether Murillo broke the law when he said on his candidate form that he has no felonies on his record. It’s illegal — a felony — to lie on the candidacy paperwork about past felonies.
Cumberland County Elections Director Angie Amaro on Wednesday sent an investigation request to the state elections office, said county Board of Elections Chair Linda Devore.
Murillo said he consulted a lawyer about that.
“They kind of gave me an insight of what the possibilities are and what they are,” he said. “At the end of the day, if it comes down to that, then we will continue to seek legal counseling.”
Senior reporter Paul Woolverton can be reached at pwoolverton@cityviewnc.com.
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