By BROOKLYN BROWN
One Feather Reporter
CHEROKEE, N.C. – The pretrial hearing set for Feb. 17 in Cherokee Tribal Court for the sexual abuse case against former Swain Co. Sheriff Curtis Cochran was postponed to June 8. Graham Co. Sheriff Brad Hoxit faces removal due to alleged abuse of power for personal gain, and former Cherokee Co. Sheriff Dustin Smith resigned effective Feb. 6 due to allegations of willful and habitual negligence, both levied by District Attorney Ashley Hornsby Welch.
Hoxit was scheduled to appear in Superior Court Feb. 20 for a hearing on his removal, but Special Superior Court Judge William T. Stetzer postponed the removal hearing to a later date not yet scheduled. Hoxit is currently suspended from his position.
The petition for removal submitted by District Attorney Welch reads in part,
“Causes for removal and permanent disqualification under North Carolina General Statute 128-16: Defendant has committed repeated acts of willful misconduct or aladministration in office in violation of N.C.G.S. 128-16(2) and has committed repeated acts that should result in defendant being adjudged as guilty of corruption or malpractice in office pursuant to the North Carolina Constitution Article VI, Section 8…Defendant’s active engagement in a criminal investigation surrounding a county commissioner when the defendant had an active conflict. Defendant was having a romantic relationship with Graham County Commissioner Jacob Nelms’s wife or estranged wife, Adrian Nelms. Defendant failed to disclose the conflict to the District Attorney and Superior Court Judges while seeking search warrants, and/or to Department of Insurance Investigators at the beginning of that investigation.”
An official letter requesting resignation dated Jan. 28, 2026, sent to now-former Cherokee Co. Sheriff Dustin Smith by District Attorney Welch reads in part, “For three years, citizens have come to me to complain about several instances where you have been willful or habitually negligent and/or refused to do your duties of the office of Sheriff. Citizens have also complained of misconduct or maladministration in office.” Welch cited several incidents including alleged inaction and statements surrounding the Cherokee Co. police shooting of Jason Kloepfler, and the death of Cherokee Co. Detention Officer Francisco Paul Flattes, who was shot and killed in the line of duty by an escaped inmate.
The One Feather will continue to provide updates on these cases.
