CLEVELAND COUNTY, NC — Civil Rights Activist Essie Berry asking for a formal investigation
on allegations presented from Mr. Melvin Toms , Who formally submitted a complaint regarding
a wrongful arrest and the unlawful removal of his minor child that occurred in August 2013, until
2023 raising serious concerns about due process, civil rights, and systemic failures within the
local justice and child welfare systems.
In August 2013, while temporarily residing with acquaintances, Mr. Toms was present at a
residence when law enforcement officers entered the home in connection with an unrelated
investigation. Mr. Toms was not involved in any criminal activity. Despite this, he was arrested
and falsely accused of drug-related offenses.
More troubling, Mr. Toms was also accused of exposing his four-year-old son to narcotics. On
the same day as his arrest, Cleveland County Child Protective Services (CPS) removed his son
from his custody, alleging the child had tested positive for drugs.
Those allegations were false.
Subsequent official reports and laboratory results later confirmed that Mr. Toms’ son did not
have narcotics in his system. At no time did credible evidence exist to support the claims made
against Mr. Toms or to justify the emergency removal of his child.
Despite the absence of evidence, these unsubstantiated allegations were relied upon to justify
Mr. Toms’ arrest, prosecution, and eventual conviction. The actions taken resulted in severe and
lasting harm, including the loss of parental custody and damage to Mr. Toms’ liberty, reputation,
and family integrity.
“This case represents a profound miscarriage of justice,” Mr. Toms stated. “My constitutional
rights to due process and to raise my child were violated based on allegations that were later
proven untrue.”
Mr. Toms further asserts that this case reflects a broader systemic failure. Law enforcement,
prosecutorial authorities, defense counsel, and judicial officials failed to uphold their legal and
ethical obligations, allowing improper factors to influence critical decisions rather than relying on
verified facts and evidence.
As a United States citizen and military veteran, Mr. Toms emphasizes that he was entitled to fair
and impartial treatment under the law.