Sex felon not jailed after DWI

The mother of a victim of a convicted sex offender is angry that the convict is not behind bars after what she calls a blatant probation violation.

And the district attorney for Onslow County told The Daily News he is not pleased with the situation either.

Joel Chandler Petteway Jr., 45, was convicted in 2004 of three counts of indecent liberties with a child and one count of crimes against nature. He was sentenced to 90 days house arrest and 60 months probation.

Petteway - who lives on Holly Shelter Road, according to the North Carolina Sex Offender Registry - tested positive for cocaine metabolite after a driving while impaired arrest last year, according to court documents.

A court-determined condition of Petteway's probation is that he not use illegal drugs.

Petteway's probation officer is waiting for the driving while impaired case to go to court, said Drew Warlick, a supervisor for the N.C. Probation and Parole Office in Jacksonville.

"If (Petteway) is convicted, it would be up to a judge," Warlick said.

A court date of Aug. 27 is currently set for Petteway's driving while impaired charge, according to the North Carolina Court System Online calendar.

The case has been continued 11 times, according the Onslow County Clerk of Court's office.

"Joel Petteway's probation should have been revoked already," said Dewey Hudson, the district attorney for the 4th Prosecutorial District.

Hudson said his office is not waiting any longer and will begin filing its own paperwork this week to activate Petteway's suspended sentence.

One of the victim's mother said she believes Petteway should go to prison based on the positive drug test and special conditions of his probation.

Petteway told The Daily News he sought help for drug addiction while on probation and was sent to a rehabilitation facility. The Probation Office confirmed Petteway had voluntarily submitted himself for treatment.

Petteway said his attorney has filed a motion to suppress the blood test as evidence in his driving while impaired charge. Petteway's lawyer, Jacksonville attorney Ed Bailey, did not immediately return phone messages left at his office about the case.

On March 13, 2007, Petteway was charged by the N.C. State Highway Patrol with driving while subject to an impairing substance.

He is accused of "pulling out in front of a car and stopping in the intersection, unsteady on feet and glassy eyed," according to an affidavit and license revocation report attached to an arrest warrant.

Petteway said he was stopped by a probation officer and held until the Highway Patrol arrived.

"I got no problem with my probation officer," he said. "But another probation officer ... has been aggressive, has followed me around and drove through my neighborhood."

The Highway Patrol collected a blood sample from Petteway at the time, according to documents from the N.C. State Bureau of Investigation.

In October, the results were returned to the Highway Patrol. The blood sample taken from Petteway in March tested positive for benzodiazepines, cocaine metabolite and opiates, according to the SBI lab report.

Petteway "admitted to taking Xanax, Percocet, Ambien and Diazepam," according to the request form for a blood test filled out by the arresting officer.

One of the special conditions of Petteway's probation was that he would "not use, possess or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician," according to court documents.

Petteway said he had a valid prescription for the four drugs he told law enforcement he was taking.

None of the drugs listed or any other prescription drug would cause a positive blood test for cocaine metabolites, according to information provided to The Daily News by the U.S. Drug Enforcement Administration and local narcotics officers.

Petteway has tested negative for drugs within the last three weeks, Warlick said.

Contact crime reporter Lindell Kay at lkay@freedomenc.com or 910-554-8534. Read Lindell's blog at http://onslowcrime.encblogs.com.