Petition for removal filed by District Attorney's office
Brad Hoxit
* Part 1 of a 2-part report
Robbinsville – The news of Brad Hoxit’s suspension as sheriff of Graham County spread rapidly Jan. 29.
A 53-page, verified petition for removal and motion to immediately suspend Hoxit from office was filed in the Graham County Clerk of Court’s office at 4:04 p.m., Jan. 29, by District Attorney for the 43rd Prosecutorial District Ashley Hornsby Welch.
Just one hour and 17 minutes later, an order signed by Senior Resident Superior Court Judge Tessa Sellers was also filed in the clerk’s office to officially suspend Hoxit from office. Sellers’ order also noted that the sheriff vacancy be filled “as by law provided, pending the hearing and final determination of the Petition of Removal of said Sheriff …” Sellers set a 10 a.m., Friday, Feb. 20 hearing at the Graham County Courthouse.
The Graham County Board of Commissioners held a 2 ½-hour emergency meeting Friday to discuss the matter, ultimately suspending Hoxit’s pay. The Graham Star learned through an open records request that Hoxit’s annual salary was $73,798.
Additionally, the board – following the guidance of both the North Carolina Association of County Commissioners and the N.C. Sheriff’s Association – appointed chief deputy Travis Brooks to assume all duties and responsibilities of the office of sheriff. Brooks will not carry the title of interim sheriff, however.
The filing includes sworn affidavits signed by Welch, Graham County Commissioner Jacob Nelms, former detention officer Vanessa Carpenter and former chief deputy Cody George.
What follows is a summary of the filing, sourced directly from the public documents.
‘Willful misconduct’
Welch first calls for the “removal and permanent disqualification” of Hoxit from the office of sheriff in the civil suit, under N.C. General Statute 128-16 (2), “for willful misconduct of maladministration in office.”
The suit picks up with a meeting at the Haywood County District Attorney’s Office on Aug. 13, between Welch, Hoxit and former Graham County Sheriff’s Office Det. Graham Page. Hoxit requested the meeting, during which Page caught Welch up to speed on an investigation regarding Nelms – who works as the Graham County Building Inspector – which the filing states “had been in motion for a long time.”
Page displayed a search warrant to Welch that was obtained in Buncombe County for tracking devices to be placed on both Nelms’ county and personal vehicles. Nelms serves as the Graham County Building Inspector. Judge Alan Thornburg signed the warrants, but Welch contends that she was never told that the warrants were sealed.
Hoxit alluded to a “conflict” that he had involving the case, so he “stayed out of” the investigation – yet, interjected several facts about the inner workings of the work being done that showed his involvement.
Welch said in the filing that she understood the “conflict” to be that Nelms was a county commissioner and the commissioners oversee the sheriff’s office budget.
Later in the meeting, Hoxit informed Welch that he had also brought in the N.C. Department of Insurance to assist with the investigation. Hoxit also asked Welch if the Department of Insurance’s special prosecutor could be utilized in Nelms’ prosecution: a notion Welch agreed to at the time, even going on to ask the state Attorney General’s office for guidance on what charges could be filed on Nelms.
The meeting ended with Hoxit reportedly “pleased that the District Attorney’s office would be involved.”
Investigation?
Nelms’ affidavit states that North Carolina Department of Insurance Special Agent Jasmine Hanline contacted Nelms in June and requested building inspection reports from January-May 2025.
Nelms said in his affidavit that he compiled with the request.
Around July 1, Hanline informed Nelms that a complaint had been forwarded from the State Fire Marshal’s office regarding his January-May inspections and an interview was scheduled for Aug. 29 in Gastonia.
Accompanied by his legal counsel, Nelms attended the interview and was also handed a search warrant for his personal cell phone. Nelms’ attorney was allowed to review the warrant but had to email after the meeting to receive a copy. Nelms was also denied a copy upon exit.
The search warrant was returned to the Graham County Clerk of Court’s office Sept. 2, by Page, stating it was received Aug. 28 and executed Aug. 29 by Page.
The sworn statement continues on to read that Hanline appeared before the assistant clerk and swore to the inventory.
“I am advised, informed and believe that Agent Hanline did not appear before the Assistant Clerk of Court and swear to the inventory,” reads another portion of the affidavit.
Deputy Sheriff Larry Jenkins went on to return Nelms’ personal cell phone Sept. 18.
Nelms’ statement also submits a sworn exhibit of a pick-up truck arriving to an unnamed church parking lot Aug. 13, with two individuals exiting the vehicle. The two went around to the passenger side of Nelms’ truck “for thirty or forty seconds and then left.”
Nelms said he reviewed the video and named chief deputy Brooks as the owner of the truck that drove up, stating his claim that the incident is when the tracking device was removed from his personal vehicle.
“I believe that Brad Hoxit is trying to destroy me personally and professionally in Graham County and I believe that he will stop at nothing to accomplish his goal,” Nelms’ affidavit concludes.
Wheels fall off
A few weeks after Hoxit and Page met with Welch, the district attorney learned a pertinent detail had been left out of the conversation: Hoxit was married to Nelms’ ex-wife.
In fact, the marriage had occurred just six days prior to the Aug. 13 meeting. Welch confirmed in September that Hoxit married Nelms’ former spouse – who will not be named in this report – Aug. 7, in Transylvania County.
Though the filing is unclear of when, Welch later informed Hoxit that he was not to “actively engage” in any criminal investigations regarding Nelms – with the district attorney specifically telling Hoxit that the Department of Insurance and the N.C. State Bureau of Investigation were to conduct the investigation “due to an unwaivable conflict.”
Hoxit requested another meeting with Welch, which took place Jan. 6 at the Macon County District Attorney’s Office. Hoxit arrived with Brooks, while Welch was accompanied by District Attorney Investigator Dani Burrows.
Welch’s filing says Hoxit’s first request was to speak to the district attorney alone, which was denied. The following events are alleged to have taken place over the course of the meeting:
* Hoxit first said he did not tell Welch about his marriage to Nelms’ ex-wife because his attorney, David Wijewickrama, had advised Hoxit he did not have to. Wijewickrama denied the allegation and Hoxit later told Welch during the meeting that he had not disclosed the marriage to his attorney. Hoxit also admitted that he did not tell Welch nor the Department of Insurance about the marriage;
* While clearing the air on not informing his attorney about the marriage, Hoxit said he had not told Wijewickrama “because he was trying to get past the primary to avoid the controversy;”
* Welch repeatedly told Hoxit that he nor the Graham County Sheriff’s Office was to investigate Nelms further and that any new criminal allegations would need to be referred to independent, outside state agencies. Hoxit said several times that he would not continue the investigation, but also allegedly contradicted himself by stating he “would not bend” on the case;
* Later, Hoxit asked Burrows how the marriage license was obtained, what the “women” in Transylvania County said when asked for it and stated that he was “friends with all of them over there.” A sworn affidavit from Burrows confirming this series of events – including Hoxit also requesting a copy of the special investigator’s notes at the end of the meeting, which was denied – is also included in the filing.
Welch emphasized that Hoxit was never informed that the District Attorney’s Office would prosecute Jacob Nelms.
‘Blatantly false’
Two days later, Hoxit phoned Hanline. The call was returned Jan. 9 and in a signed letter, Hanline attests that Hoxit informed her that the District Attorney wanted the Department of Insurance to continue their investigation.
“This statement from the Defendant is a complete misstatement of what the undersigned District Attorney told Hoxit to do,” reads a portion of Welch’s filing.
Department of Insurance District 1 Commander Leonard Stump was later contacted by Hoxit in a phone call Jan. 20, requesting a meeting. The commander was joined by Department of Insurance Regional Director Ken Green and Brooks the following day at the Graham County Sheriff’s Office.
Stump also included a signed statement in the filing, recounting the conversation that took place:
* Hoxit said “he couldn’t understand why Nelms wasn’t being charged criminally;”
* Hoxit gave a detailed breakdown of the case and disclosed his marriage to Nelms’ ex-wife;
* Hoxit told Stump that he had spoken with Welch and said that the District Attorney had informed Hoxit that charges would be brought against Nelms.
“This statement is blatantly false,” Welch’s filing says.
“Defendant’s never ceasing obsession surrounding Jacob Nelms, failure to stay out of the investigation, attempting to influence state law enforcement agencies, being dishonest about what the undersigned District Attorney said, obtaining search warrants for car trackers and cell phones of Jacob Nelms without disclosing the romantic conflict, is inherently unfair and appears to be targeted,” reads a summary at the end of the filing’s initial section.
* Next week: Pursuit of charges lead to intimidation, extortion allegations by former detention officer, chief deputy.