Advocates for Rudy Dean, a man accused of shooting another man in Rockingham County in 2012 said the victim lied to the court.
His supporters have filed a petition in the Rockingham County Circuit Court asking for the victim, Robert Crawford IV, to be be held accountable for lying about having a criminal record in North Carolina.
The petition filed by Cindy Carr asks Commonwealth's Attorney Marsha Garst to either explain why she has not prosecuted Crawford for perjury.
The petition asks Garst to prosecute him or appoint someone else to the case.
The second option would be for another person to investigate and prosecute perjury allegations against Crawford.
With the petition, Carr included two documents from Cumberland County in North Carolina accusing Crawford of using bad checks in 1989 and 1990.
The court confirms Crawford didn't pay a fee for handing a bad check and did not attend a court hearing.
According to an email Assistant Commonwealth's Attorney Clark Ritchie wrote to Carr, documents provided do not show if Crawford has been convicted.
Ritchie added the documents are not warrants or indictments but instead a "print out" from a court screen on a case management system.
A Cumberland County, North Carolina Court Clerk said staff does not keep paper copies of cases 20 years old, but the cases are available in the court system.
The clerk said the documents can be notarized. Carr said the documents she handed to the courts had been notarized.
According to Carr, the allegations against Crawford are not part of the Commonwealth vs. Rudy Dean case and she does not believe it will benefit the case in any way. However, she said cases of perjury should not go unpunished.
"You can't perjure yourself in the stand by lying on one thing and us hold credible anything else that you said so I would hope it would make a difference," said Carr.
Garst has 21 days to respond to the petition, which Ritchie said Garst plans to do.
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