Bobby Huel Pastell
Robbinsville – Citing an inability to locate witnesses, charges that have been on the books against a local man for over three years were dismissed in Graham County Superior Court on Monday.
Bobby Huel Pastell was 28 when he was charged with death by distribution by authorities in July 2021, following the March 25, 2021, passing of 30-year-old Casey Allen Phillips from an overdose. Phillips had taken methamphetamine laced with trace amounts of fentanyl, a schedule IV controlled substance that can be fatal if taken in doses of 2 mg or larger.
Dropping the case against Pastell drew widespread criticism against the District Attorney’s Office on social media. A request for comment from the DA’s office was not returned by Wednesday’s press deadline. A call to the Graham County Clerk of Court’s office Tuesday morning confirmed that Pastell was still in custody, since official paperwork for his release had not been received. He has been in custody since July 2021.
The charges gained widespread attention for being the first of its kind to be brought against a suspect in Graham County. Gov. Roy Cooper signed death by distribution into law in 2019. A Class C felony, death by distribution can be assessed to a suspect who is believed to have sold cocaine, methamphetamine or opioids to anyone who passes away from using those substances. The charge carries a maximum prison sentence of 40 years.
Phillips was found deceased at a residence off Big Oak Drive in Sweetgum after emergency personnel responded to a call about an “individual not breathing.” First responders noted the presence of items consistent with drug use at the scene.
The sheriff’s office waited to formally press charges until Phillips’ autopsy results were received. The State Bureau of Investigation crime lab also tested items found at the scene, the results of which helped build the case for death by distribution.
Pastell was also in court Monday to answer charges of felony breaking and/or entering; larceny after breaking/entering; felony possession of a schedule I controlled substance; selling/delivering a schedule II controlled substance; possession of methamphetamine; and felony possession of a schedule I controlled substance.
Prosecutors on file for all charges include Caleb Decker – who is no longer employed by the DA’s office – and James Moore Jr.
Charges were also dropped Oct. 23 against Danielle Nichole “Nikki” Pastell, who was 36 when the incident occurred. She was charged with selling/delivering a schedule II controlled substance, as well as death by distribution. Unlike Bobby, Danielle had not been kept in custody while awaiting trial. The dismissal form simply stated, “There is insufficient evidence to warrant prosecution for the following reasons: no evidence of knowledge or involvement.”
John S. Hindsman Jr., had been assigned the case as the prosecutor.