Acquitted
By John Joyce
Published in News on March 10, 2015 1:46 PM
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News-Argus/CASEY MOZINGO
Former Goldsboro Police Department Capt. Chad Calloway hugs his daughter, Autumn Paige Calloway, 17, as the two descend the staircase at the Wayne County Courthouse on Monday, moments after Calloway was acquitted of charges of sexual abuse alleged by his stepdaughter, Diamond Coley Smith, 28.
Not guilty.
Chad Calloway walked out of a Wayne County Superior courtroom a free man Monday, acquitted on charges of sexual abuse against his then-teenage stepdaughter.
He descended the courthouse stairs hugging his youngest daughter and holding back tears.
"On behalf of my client, he is not going to comment. He just wants to say he is happy he got a fair trial," defense attorney Geoff Hulse said.
Calloway was found not guilty by a Wayne County jury on eight charges of sexual offenses, alleged to have taken place between the time his stepdaughter Diamond Coley Smith was 13 and 15 years old.
In her testimony, Mrs. Smith, now 28, said the abuse started much earlier.
Mrs. Smith told the jury about talking to her mother, Monica Calloway, at 9 years old and not being believed.
She said the abuse subsided for a while shortly thereafter, but later resumed. It soon escalated to full blown sexual intercourse which carried on until she was 15, she testified.
The abuse finally stopped when she told her mother again, but again her mother did not go to the police. She instead took her daughter to the family pastor.
Calloway steadfastly denied the allegations and refused a plea bargain offered early on in the proceedings, choosing to face potential jail time rather than admit to the charges.
In the end, the jury sided with Calloway.
Moments after leaving the courthouse, Mrs. Calloway's cries of joy could be heard across the street in front of Hulse's office.
A more somber Mrs. Smith left the courthouse after Wayne County Sheriff's Office deputies made certain the Calloway's had enough time to clear the area.
She maintains she was abused.
"The experience has been the most challenging experience of my life, but I still want to encourage other survivors to tell their truth and to come forward," she said.
She testified in court that she never wanted to involve the authorities, but that she informed other members of her family about the abuse because she had reached a point in her life that she needed to heal.
Once the allegation reached the ears of an uncle's probation officer and was officially reported, Mrs. Smith said, there was no turning back.
Despite the verdict Monday, she said she is still glad she came forward.
"I accomplished the most challenging thing, which was to have enough courage to be honest about the truth."
Although he was acquitted, Calloway will not be reinstated as a police officer, the city said.
The Goldsboro Police Department fired Calloway Jan. 10, 2014, for detrimental personal conduct and violating three separate orders, policies or procedures set by the city.
In Calloway's termination letter, it states he violated standard operating procedures regarding cooperating with internal investigations and engaging in conduct deemed immoral or indecent.
Calloway was terminated because he was found to have violated three separate orders and codes of conduct after the internal investigation was completed, City Manager Scott Stevens said.
Also, a civil lawsuit against the city for wrongful termination would be difficult to pursue, he added.
"His firing was based on the violation of policy, so he wouldn't have a very strong case," Stevens said. "People can file suit for a lot of things, so we would hand it over to the city attorneys and let them handle it from there."