Prosecutors in New Hanover County have notified former Surry County Board of Elections Chairman James “Jimmy” Yokeley Jr. that they intend to seek an enhanced sentence by proving he exploited a position of trust to commit the offenses he is charged with.
The notice of aggravating factors, filed April 21, cites G.S. 15A-1340.16 and alleges Yokeley “took advantage of a position of trust or confidence, including a domestic relationship, to commit the offense.” Under North Carolina’s structured sentencing system, proving an aggravating factor beyond a reasonable doubt would allow a judge to impose a sentence above the presumptive range if Yokeley is convicted.
The filing came five days after Superior Court Judge R. Kent Harrell denied a defense request to remove the GPS monitoring device Yokeley has worn since November as a condition of his pretrial release. Yokeley’s attorney, Eric J. Howland, filed the motion April 15, arguing his client had complied with the requirement without violation since the monitor was installed. Harrell ruled April 16 that continued electronic monitoring is the “least restrictive measure” to ensure Yokeley complies with a no-contact order protecting the alleged victims…