Welch says case involves alleged government officials misconduct
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Murphy – District Attorney Ashley Welch has recused herself from prosecuting a violent SWAT raid at a Bear Paw Road residence on Dec. 13, 2022, and asked the state Attorney General’s Office to handle the case, citing “alleged misconduct by government officials.”
In a letter she wrote March 27 to Leslie Dismukes, criminal bureau chief for the N.C. Department of Justice, Welch announced that she recused her office from the case, saying that she and members of her staff may be called as witnesses. She also asked for the Attorney General’s Office to step in because the case involves alleged misconduct by government officials.
In December, Welch filed charges against Jason Harley Kloepfer, 41, the morning after a SWAT team opened fire on him from outside his front door as he tried to comply with their commands. Severely wounded, Kloepfer was taken to Erlanger Medical Center in Chattanooga, Tenn., where he was when the 43rd Prosecutorial District DA was filing charges against him.
Also that day, Cherokee County Sheriff Dustin Smith issued a release in which he alleged that Kloepfer “engaged in a verbal altercation” with law enforcement and confronted them as he emerged from his camper trailer.
On Jan. 18, Kloepfer released a video recorded by a security camera inside his home that refuted allegations in the charges and in the release. The video showed Kloepfer being stirred from bed, the release. The video showed Kloepfer being stirred from bed, picking up a SWAT drone he found on his kitchen floor and taking it to his front door. Moments after he opened his door, SWAT members opened fire on him as he attempted to surrender.
On Feb. 27, Kloepfer’s attorney started issuing subpoenas seeking documents, communications and video related to the case. It wasn’t until March 1 that Welch dropped the charges against him.
“My office was contacted that morning (of the SWAT raid) by a member of the Cherokee County Sheriff’s Office,” Welch said in her letter. “Not only did I speak to a detective regarding this matter, but the detective also called an assistant district attorney and relayed the same information regarding the shooting. As a result of the information relayed to us, Mr. Kloepfer was charged with resist, obstruct and delay as well as communicating threats.
“We have dismissed these charges against Mr. Kloepfer.”
Later in her letter, she said, “The allegations in this case involve potential crimes committed by a government official. Historically, I have requested the Attorney General’s Office to handle prosecutions involving alleged misconduct of government officials. It is in the best interest of justice, and the best interest of the people of North Carolina, that the Attorney General’s Office handles the prosecution of this case.”
She said a Cherokee County sheriff’s detective told her and an assistant district attorney something after the shooting made them potential witnesses in the case.
“As the investigation has unfolded, it appears that myself and an assistant district attorney are now witnesses due to statements made to us by law enforcement after the shooting,” she wrote, adding that she anticipates she and others in her office will be interviewed by the SBI as part of an ongoing criminal investigation.
Welch’s office has been cooperating with the SBI’s investigation.
Welch said her office has a conflict of interest under N.C. Bar rule 1.7, titled “Conflict of Interest: Current Clients.” In the letter, she asked the Attorney General’s Office to take over advising law enforcement agencies as to any criminal investigation and to handle any potential prosecutions.
The second video
Kloepfer posted his first video, titled “Firing Squad at 5 a.m.,” on Jan. 18. On March 28, he posted his second video, “Where Does Justice Come From?”
“OK everyone for now here is part 2 and a gofundme page that we really need help with along with pressure on the legal system to get justice and these officers charged,” he commented with the video, which he posted on Facebook and also sent to the Cherokee Scout.
“We have not been home for one night since this happened and will not be for multiple reasons,” he said. “The biggest one is fear of being murdered. The cost of living has been very high and on top of that paying our normal bills.”
He said officers in the video are with the N.C. State Bureau of Investigations. His first video was six minutes and 29 seconds long. Part 2 was three minutes and 32 seconds.
“As of March 26, 2023, the only person criminally charged as a result of the Eastern Band of Cherokee Indians’ SWAT team using Jason Harley Kloepfer for target practices is Jason,” according to text displayed at the beginning of the second video.
It next shows an undated but apparently recent photo of Kloepfer shirtless and showing his bullet wounds, which are still healing. The video then shifts to footage from the security camera he has inside his trailer.
Video from that same camera and released in Part 1 showed the nighttime raid, when Kloepfer was shot as he opened his door while attempting to comply with instructions shouted out to him by someone from the SWAT team. There is no time stamp on the Part 2 security video, but what appears to be daylight is visible through the trailer’s open door.
The video shows three men in uniform Kloepfer identifies as SBI agents inside his trailer. The interior appears lived in but unremarkable save for one thing – a four-legged stool is tipped over on its side on the floor. Two of the three agents stand near it but make no attempt to move it or put it back on its feet.
One agent holds sheets of paper in her hands and stands near the door. Another agent carries a camera and takes pictures. The third agent holds a booklet and is leafing through pages.
“Take a warrant out on him for … hey, did you see that?” said the SBI agent holding the booklet.
“What’s the charge?” said the agent carrying the camera.
“Get a warrant for,” the first agent said. There is a pause as he considered the question, then he said, “Uh …”
At that point, stock video of a ticking clock is spliced into the video.
“They shoot at him, and they ain’t got a warrant,” the agent carrying the camera said, while the agent chuckles and the one near the door lets out a loud sigh.
The video then cuts to screens showing the charges filed against him. One charge is misdemeanor resisting public officer. Text describes the charge:
“On or about the date of offense shown and in the county named above the defendant unlawfully and willfully did resist, delay, and obstruct Sgt. Dennis Dore, a public officer holding the office of Cherokee County Sheriff, by refusing to comply with orders given to Jason Kloepfer. At the time, the officer was discharging and attempting to discharge an official duty by while investigating a disturbance call located at Kloepfer’s residence.”
Dore had attempted unsuccessfully to contact Kloepfer at his residence several hours before the SWAT raid. The video then shows a second charge, misdemeanor communicating threats, with this description:
“On or about the date of offense shown and in the county named above the defendant unlawfully and willfully did threaten to physically injure the person of Emily Floyd. The threat was communicated to Emily Floyd by stating that he was going to kill all the neighbors, and the threat was made in a manner and under circumstances which would cause a reasonable person to believe that the threat was likely to be carried out and the person threatened believed that the threat would be carried out.”
Emily Floyd is Kloepfer’s neighbor who made the 911 call that precipitated the SWAT raid.
The video resumes with footage taken from the security camera showing the three agents standing in the trailer wordlessly, then cuts to text saying, “On Feb. 27, Jason’s attorneys sent subpoenas out for service pursuant to Jason’s pending criminal charges.”
His attorney, Beverly Cook, subpoenaed Emily Floyd demanding all text messages exchanged between her and any Cherokee County sheriff’s deputies on Dec. 12-13 as well as any video she took of Kloepfer’s Upper Bear Paw Road, also on Dec. 12-13.
The video cuts to a slide pointing out that charges against him were dismissed.
The charges were dismissed on March 1. District Attorney Ashley Welch’s office said the charge of communicating threats was dismissed “at the request of the prosecuting witness” and the charge of resisting a public officer was dismissed “upon prosecutorial discretion and the charging document does not list the type of orders given and under what circumstances that this would be a duty of their office.”
The video cuts to an audio clip of a 911 call from neighbor Emily Floyd that led to the raid.
“I’m just writing all this down, hold on one second for me,” said a male voice, apparently the 911 dispatcher.
“And he does have a scanner,” she said, recommending that the dispatcher use encrypted methods so Kloepfer can’t hear it.
“How many shots have you heard?” the dispatcher asked.
“Altogether tonight, at least 10,” the caller replies, but adds that she has heard fireworks, motorcycle and other noise, as well.
The dispatcher asked for her address, saying he would have officers come to her to speak with her about the situation.
“Well, I prefer to not have anyone roll up in the driveway, because it makes him 10 times worse the next several nights to us. He starts directing his anger to us,” she said. She requested officers call her instead.
The dispatcher asked her if she would email the videos she has been recording. She replied that she had already sent the videos to deputies.
She said she was going to go outside and continue recording video. The video then cuts to footage of what appears to be officers attempting to remove Kloepfer’s security camera from its mount.
It then cuts to a concluding slide saying, “As of March 26, 2023, no law enforcement officers involved in the firing squad at 5 a.m. on Dec. 13, 2022, have been criminally charged. Why not?”
Fundraiser started
Katelyn McCarty of Murphy established a Go Fund Me page naming Kloepfer’s wife, Alison Mahler, as beneficiary. It seeks to raise $50,000, with $1,380 raised in the first week from 18 donations.
“We have created this go fund me page on behalf of Jason and Ali to help them get through this difficult time and we appreciate all the support you guys have given them so far, this is a very traumatic time for them, and we are hoping they get the justice they deserve,” McCarty said on the page.
Kloepfer’s first video led to national media coverage of the case, a follow-up release by Sheriff Dustin Smith expressing desire for a local SWAT team and the resignation of Darryl Brown as the sheriff’s office attorney.
Smith said he was unable to comment about the second video. Cherokee Indian Police SWAT has not responded to numerous requests for comment, and the District Attorney’s Office has a firm policy against commenting on active cases.