By KEITH UPCHURCH

kupchurch@heraldsun.com; 419-6612

DURHAM -- Durham police officer Stephen Patrick Commander Jr., who faces extortion and break-in charges, has waived his right to court-appointed counsel and is hiring a private attorney to represent him when he appears in court on the charges later this month.

Commander, 31, of 3621 Ashton Glen Lane in Oxford, was arrested Friday by Wake County sheriff's deputies in connection with a Nov. 27 home break-in in Wake Forest.

His case is set for 2 p.m. Feb. 23 in Wake County District Court and will be prosecuted by Assistant Wake County District Attorney Doug Faucette, according to Rhonda Tew, legal assistant to Faucette.

Tew said she wasn't sure if the case will be resolved that day or postponed.

It was unclear Thursday exactly what Commander's status with the Durham Police Department is, although Amy Blalock, public affairs specialist with the city of Durham, said Commander is still in the system as a Police Department employee. "There is no employment status change at this time," she said.

Durham Police Chief Jose Lopez said Wednesday that Commander is "definitely not on the street," but referred questions about his exact status to the city's Human Resources Department.

Commander could not be reached for comment at his Oxford home Thursday. A number in the phone book under his name has been disconnected.

Since Commander's arrest, questions have arisen about the circumstances and motive surrounding the break-in and extortion he is accused of committing. Wake County sheriff's investigators aren't discussing the case openly, and a spokeswoman at the sheriff's office referred questions Thursday to the Wake County District Attorney's Office.

Commander is accused in an arrest warrant of "unlawfully, willfully and feloniously" breaking into a home in Wake Forest at 16113 New Light Road. It says he "did threaten and communicate a threat."

He posted a $3,000 secured bond and was released from custody in Wake County after he surrendered without incident, a spokeswoman for the Wake County Sheriff's Office said.

Commander has been with the department since January 2007.