Murphy – Details about the June 30 escape attempt that led to the shooting death of a detention officer with the Cherokee County Detention Center have
been shared in published reports.
On June 30, Detention Officers Francisco Flattes and George Feinauer were escorting inmate Kelvin Simmons, 49, of Concord, to an appointment with an orthopedist at 75 Medical Park Lane in Peachtree for injuries from Simmons’ 2024 escape attempt from the local facility.
According to published reports, which the Cherokee Scout could not independently verify, an unsealed grand jury indictment said that on June 30, Simmons assaulted and shoved Feinauer “over a wheelchair, stealing his service weapon.”
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Simmons then shot and killed Flattes, who helped transport Simmons to his medical appointment. Simmons is a federal inmate who was being held in Cherokee County for bank robbery and carjacking charges out of Buncombe County.
Emergency dispatch records said Simmons shot Flattes in his chest, then stole a car and led law enforcement on a chase across three counties, lasting nearly an hour before he was captured on U.S. 64 west of Franklin.
Flattes was taken to Erlanger Western Carolina Hospital in Peachtree, where he was pronounced dead. His funeral was held July 9 and featured a large community turnout.
According to verified sources, Simmons was indicted on charges of first-degree murder, assault on a detention employee with a firearm, violent habitual felon, larceny of a firearm, possession of a firearm by a felon, robbery with a dangerous weapon and felony escape local jail. He is being held without bail in Buncombe County.
According to an unsealed grand jury indictment that the Scout was able to obtain, “The jurors for the State upon their oath present that on or about the date(s) of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did possess, or
have in the Defendant’s
control, a Glock 45 9mm, which is a firearm. The Defendant had previously been convicted of the felony of Breaking and Entering, which was punishable by 39 months.
“The Defendant committed the felony on 06/15/1995 and pled guilty to the felony on 02/06/1996 in Cabarrus County, Superior Court, and was sentenced to an intermediate sentence of not less than eight months and not more than 10 months in the Department of Adult Corrections. That sentence was suspended and the Defendant was placed on supervised probation for 60 months.”
Asheville-based attorney M. Victoria Jayne was assigned to defend Simmons, who could face the death penalty if convicted.