Brad Hoxit
Robbinsville – A 53-page, verified petition for removal and motion to immediately suspend Graham County Sheriff Brad Hoxit from office was filed in the Graham County Clerk of Court's office Thursday afternoon.
The suspension was officially signed by Superior Court Judge Tessa Sellers at 5:21 p.m., Thursday.
Under guidance from both the North Carolina Association of County Commissioners and the N.C. Sheriff's Association, the Graham County Board of Commissioners deemed at an emergency meeting Friday that Chief Deputy Travis Brooks would assume the duties of sheriff - but not be named "interim sheriff" just yet.
The board also voted unanimously to suspend Hoxit's pay. His annual salary was $73,798, according to a public records request filed by The Graham Star.
Hoxit will remain suspended until a court hearing about his future will be held at 10 a.m., Friday, Feb. 20.
Filed by The Office of District Attorney for the 43rd Prosecutorial District Ashley Welch, the civil suit alleges that Hoxit has:
* Committed repeated acts of willful misconduct or maladministration in office, in violation of N.C. G.S. 128-16(2);
* Engaged in corruption in office;
* Engaged in extortion, pursuant to N.C. G.S. 128-16 (4).
The allegations made in the suit revolve around the investigation of Graham County commissioner Jacob Nelms. The filing claims that just six days after Hoxit married Nelms' former spouse, the sheriff and former Graham County Detective Graham Page visited the District Attorney's office in Haywood County and updated Welch regarding an "ongoing investigation" into Nelms, which included a search warrant that had been signed by Judge Alan Thornburg in Buncombe County. The filing states that Welch was not informed that the warrant had been sealed.
Hoxit allegedly indicated during the Aug. 13 meeting that he had a "conflict" so he "stayed out of" the investigation, but never disclosed his marriage to Nelms' former spouse to Welch. Hoxit also informed Welch that he had requested the assistance of the North Carolina Department of Insurance to aid in the case.
At the time, Welch agreed to reach out to the North Carolina Attorney General's office to see if any criminal charges could be pursued against Nelms – who was being investigated for allegedly submitting falsified timesheets and building inspector reports, which were both linked to his county job.
Welch learned of Hoxit's marriage to Nelms' former wife the following month and finally confronted Hoxit with her findings at the Macon County Sheriff's Office on Jan. 6. Hoxit said he was advised by Graham County Sheriff's Office Attorney David Wijewickrama not to inform Welch of the marriage – a claim the suit states Wijewickrama denies – and Hoxit also said he would not continue his investigation into Nelms.
The filing indicates that Hoxit contradicted himself during the meeting, however: stating "he would not bend" in the case.
Elsewhere in the suit, other allegations include asking a former detention officer to set up a fake email account, in order to request public records in relation to Nelms; as well as asking former chief deputy Cody George during an Oct. 13 car ride in Hoxit's personal vehicle to tell "people" that the sheriff's office had received complaints about Nelms.
The petition and motion will be served to either Hoxit or an employee of the Graham County Sheriff's Office by the North Carolina State Bureau of Investigation as soon as possible.
Look for a detailed analysis of the suit in the Feb. 5 edition of The Graham Star.
* Editor's note: This is an ongoing story and will be updated as needed.