Hearing set to begin March 24
Robbinsville – Though a motion for continuance was granted Feb. 16, that’s the only win thus far for the defensive team hired by suspended Graham County Sheriff Brad Hoxit.
Motions filed by Asheville-based Lindsay Law – the firm representing Hoxit in State of North Carolina v. Harold Bradford Hoxit – were denied Friday in Graham County Superior Court by District 38 Special Superior Court Judge William T. Stetzer. Stetzer is from Gaston County, but is presiding over the case at the request of District 43A Superior Court Judge Tessa Sellers.
Motions to dismiss the case altogether; for discovery of the state’s evidence; and to have District Attorney Ashley Welch removed as the prosecuting attorney and replaced with Graham County Attorney Jay Coward were each struck down after Stetzer listened to both sides plead their respective cases.
Stetzer also ordered that a petition to unseal a search warrant be granted. Acquired in Buncombe County, the warrant was sealed by District 28 Judge Alan Z. Thornburg and – from Welch’s filing – is alleged to contain the original tracking orders for county commissioner Jacob Nelms’ personal and county vehicles. The unsealed warrant is dated Dec. 22 and is believed to include the original order.
The warrant was given to both parties before court adjourned.
“I’ve never had to actually argue a removal petition. It’s incredibly unique,” Welch said. “The request to remove a sheriff from office is quite serious and I’m aware of that. Short of a criminal case – where you’re asking the state to put someone to death – this is probably about the most serious role, in my opinion, a district attorney can have.”
There were two notables exceptions to denials amid the proceedings:
* In the motion for discovery, Stetzer did rule that the defense could review video footage the prosecution said it had of Hoxit at the Graham County Sheriff’s Office after his suspension;
* A third-party motion to quash David Wijewickrama was partly granted and partly denied. Formerly the sheriff’s office attorney, Wijewickrama is alleged by Welch to have revealed information during a Jan. 6 conversation that would waive attorney/client privilege. Stetzer ruled that Wijewickrama “may be compelled to testify as to the substance of any communications of Defendant (Hoxit) with his counsel on said issue.”
Stetzer set the hearing regarding Hoxit’s dismissal from the office of sheriff to begin at 9:30 a.m., Tuesday, March 24, inside the Graham County Courthouse. He also set a deadline of noon Wednesday to file any additional motions.
Hoxit’s counsel in court were Mary J. Hollocker and Keith Gregory. Wijewickrama is being represented by Jake County attorney J. Mitchell Armbruster.
An enhanced version of the proceedings is available to view now on The Star’s YouTube channel.