Executive Summary
- Grand jury indicts former official James Edwin Yokeley Jr. on modified charges of distributing unlawful food and felony child abuse.
- Original narcotics charges were dropped after lab results confirmed the substance used was not a controlled substance.
- The indictment alleges the distribution of a "poisonous chemical" or foreign substance to minors at a Wilmington Dairy Queen.
- An administrative hearing is scheduled for March 9 in New Hanover County Superior Court.
WILMINGTON, N.C. — A New Hanover County grand jury has indicted James Edwin Yokeley Jr., the former Surry County Board of Elections chair, on modified charges stemming from an alleged incident involving the contamination of food served to minors. The indictment, handed down on January 20, charges the 66-year-old with two counts of distributing unlawful food or beverage and one count of intentional felony child abuse resulting in serious physical injury.
According to court filings, the updated charges reflect a shift in the prosecution’s strategy following forensic testing. While initial field tests conducted by the Wilmington Police Department suggested the presence of MDMA and cocaine, official laboratory results confirmed the substance found in the ice cream did not contain controlled substances under North Carolina law. Consequently, prosecutors dismissed three original charges related to narcotics possession and contamination on December 22.
The current indictment alleges Yokeley violated General Statute 14‑401.11, which designates the distribution of any "poisonous chemical or compound or any foreign substance" capable of causing death or serious injury as a Class C offense. Although the Wilmington Police Department and the District Attorney’s office have not publicly identified the specific substance cited in the new indictment, the charges indicate it is distinct from the narcotics originally suspected.
The investigation originated in August when police officers were flagged down at a gas station near a Dairy Queen on Oleander Drive. According to police reports, Yokeley’s 16-year-old step-granddaughter and her 15-year-old friend discovered suspicious items, believed to be pills, in their frozen desserts and sought assistance without ingesting them. Investigators stated that video surveillance obtained from the establishment allegedly depicts Yokeley placing an object into the beverages.
Yokeley has maintained his innocence throughout the proceedings. In a letter sent to the board of elections following his arrest, he stated he was "prayerfully confident" of exoneration as the "truth and facts" came to light. The case has been transferred to Superior Court, with an administrative hearing scheduled for March 9 at the New Hanover County Courthouse.
Legal Proceedings & Case Outlook
The modification of charges highlights the legal nuance involved when an alleged contaminant does not fall within standard controlled substance schedules. By pursuing charges under the statute prohibiting "unlawful food or beverage," the state is focusing on the potential for physical harm caused by the foreign substance rather than its classification as a drug. This Class C offense carries significant legal weight, comparable to other high-level felonies. As the case proceeds to Superior Court, the specific nature of the chemical compound and the intent behind its distribution will likely become the focal points of the litigation. It is important to note that James Edwin Yokeley Jr. is presumed innocent of all charges until proven guilty in a court of law.
