Murphy – Chief Deputy Justin Jacobs is performing the duties of former sheriff Dustin Smith, who resigned effective Friday after being called to do so by District Attorney Ashley Welch.
The Cherokee County Republican Party Executive Committee has 30 days from Friday to come up with a recommendation to fill the duration of Smith’s term, which expires in December.
The Cherokee County Board of Commissioners held a special called meeting at the county courthouse Saturday afternoon. The board voted 4-0, with Commissioner Ben Adams absent, to accept Smith’s resignation and request a replacement recommendation from the county GOP executive committee.
The county GOP is involved because Smith was elected as a Republican.
A similar process happened in 2024, when newly elected commissioner Justin Hyde turned down the office due to a conflict of interest. The county GOP executive committee took applications and selected Mark Stiles to fill Hyde’s position.
Jacobs was chief of the Murphy Police Department, with Smith being his assistant chief, when Smith was elected sheriff and named Jacobs his chief deputy in 2022. Jacobs has been Smith’s second-in-command since Smith assumed office in December 2022.
Smith’s resignation
Smith resigned effective Friday and will not seek re-election. His resignation followed a call to resign by Welch because of a “loss in confidence, trust and respect.” While she listed numerous reasons why Smith should resign, she hinted that there was more.
“Resigning allows you to do the right thing and prevent a removal petition that lists all the evidence and proof into the public record,” she wrote.
Cherokee County government received Smith’s formal resignation shortly after noon Thursday.
In her letter to Smith, dated Jan. 28, Welch wrote, “The repeated negative attention surrounding the Office of the Sheriff of Cherokee County negatively impacts court cases in our criminal justice system. All of this is prejudicial to the administration of justice which brings the Office of Sheriff into disrepute.
“I also have grave concerns that the loss of confidence put law enforcement at risk in an already very dangerous profession. You have several officers who are very good, work hard, are honest and do the right things for the right reasons. The lack of trust and confidence has the possibility to spread to the entire department and that is not fair. I see fear and very low morale in your department.”
In his statement, released just after 11 a.m. Thursday, Smith said, “The past three years have taken a real toll – on my family, my wife, my son, my health and my personal relationships. When I made the decision to run again, it came from a genuine concern for the work and the progress this office had made. But what I’ve come to understand is this:
“The next sheriff does not need to reinvent anything. They simply need to continue what has already been built.”
Smith, a one-term sheriff, had filed to run for re-election and faced two opponents in the Republican primary Tuesday, March 3. He was expected to participate in a candidate forum Friday night at the courthouse.
Smith’s troubled first term in office included a botched SWAT raid resulting in a multimillion-dollar judgment against the county; three jail escapes, including one that cost a detention officer his life; a no-confidence notice from the DA against one of Smith’s lieutenants; temporary closure of the evidence room because of missing evidence revealed in an audit before he took office, but unclear whether he addressed after he took office’ and the pause of federal prisoner revenue, resulting in a loss of income for the county.
The Cherokee Scout recently interviewed a former jail inmate who knew the inmate accused of the shooting death of a detention officer. He alleged that Smith should have, and could have, taken precautions to prevent that death.
Critics have said Smith has a pattern of passing blame for problems he caused or at least was responsible for, going back to when he worked in Murphy.
Smith is the latest of three sheriffs in far-western North Carolina to leave office prematurely. Two others – Brad Hoxit in Graham County and Curtis Cochrane in Swain County – left office amid allegations of criminal activity.
Welch’s letter
In her Jan. 28 letter to Smith, Welch asked for Smith to resign. Smith made no mention of the letter in his public statement.
“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,” she wrote. “Citizens have also complained of misconduct or maladministration in office. You may not believe this, but for years, I have given you the benefit of the doubt.
“Recently, I received all the discovery in the (Harley) Kloepfer shooting including the SBI criminal investigation and civil discovery. Before then, I did not have the complete file. I am gravely concerned about the inactions and statements made by you surrounding the shooting.
“In addition, we have had the evidence room catastrophe, the inactions surrounding Sport Teasdale and the tragic murder of Detention Officer (Francisco) Flattes by a violent inmate who had escaped from your jail just months before he committed murder and carjacked a citizen of Cherokee County.
“It has also been brought to my attention that you have not followed the requests of Judges to only bring a certain number of inmates to the courthouse at a time due to safety concerns. The continuous negligence has resulted in the loss of confidence, trust and respect for the office of sheriff by a significant number of the residents of Cherokee County and the district.
“Moreover, the repeated negative attention surrounding the Office of the Sheriff of Cherokee County negatively impacts court cases in our criminal justice system. All of this is prejudicial to the administration of justice, which brings the Office of Sheriff into disrepute.
“I also have grave concerns that the loss of confidence put law enforcement at risk in an already very dangerous profession. You have several officers who are very good, work hard, are honest and do the right things for the right reasons. The lack of trust and confidence has the possibility to spread to the entire department and that is not fair. I see fear and very low morale in your department.
“My hope is that you will recognize the harm that is being done and that you will make the decision to resign. Your oath requires you to put the needs of your community above yourself. Resigning allows you to do the right thing and prevent a removal petition that lists all the evidence and proof into the public record,” Welch added.
“It brings me incredible sadness to write this letter. I have never written a letter like this to the head of a law enforcement agency before today. I have always looked to law enforcement as heroes.
“I am responsible as the elected district attorney to make this request on behalf of the citizens of Cherokee County and the criminal justice system. My oath of office and duty to the citizens of Cherokee County compel me to take this extraordinary action, as much as it hurts.”
Smith’s statement
In his statement, released just after 11 a.m. Thursday, Smith defended his record as sheriff.
“At every campaign meet-and-greet over the past six months, and at every volunteer meeting this election cycle, I’ve publicly said the same thing: The reason I chose to run for re-election was because I believed continuity mattered, and at the time I didn’t believe the field reflected what this job required,” he wrote.
“The more I repeated that, the more uncomfortable I became with how it sounded. To believe that I alone was meant to lead the Cherokee County Sheriff’s Office isn’t consistent with my faith, or with the way I want to approach service.
“So I prayed about it. And through that prayer, I believe God made something clear to me: He did not intend for me to serve two terms.
“The past three years have taken a real toll – on my family, my wife, my son, my health and my personal relationships. When I made the decision to run again, it came from a genuine concern for the work and the progress this office had made. But what I’ve come to understand is this:
“The next sheriff does not need to reinvent anything. They simply need to continue what has already been built.
“If they maintain the culture of respect and professionalism we’ve worked hard to establish … if they protect the initiatives already in place … if they continue the forward progress – expanded patrol coverage, strengthened K-9 operations, addiction treatment partnerships, mental health co-responder programs and sheriff’s office accreditation – then Cherokee County will continue to be well served.
“That progress does not belong to me. It belongs to the deputies, detention officers and staff who show up every day, who serve with integrity and who carried this office through some of the most difficult moments in its history. Any success during my term is a reflection of their dedication, resilience and commitment to this community.
“The challenges of these three years would have tested any sheriff. An officer-involved shooting just days into my term. The tragic loss of a detention officer. Public criticism, misinformation and half-truths spread by those without the full picture.
“Through it all, this office stayed steady. We stayed professional. And we continued to serve the people of Cherokee County with grace, because that is what they deserved.
“I believe my role was to serve as a transition sheriff – to make difficult changes, to navigate hard seasons and to help steady the ship so that those who come next can continue building on a strong foundation.
“At this point in my life, I believe God is calling me to focus on my family and the next chapter ahead. So today I’m announcing that I will not seek re-election and will retire effective Feb. 6, 2026. It’s been an honor to serve.
“I ask everyone to support the next sheriff, the sheriff’s office and Cherokee County’s progress regardless of whether you voted for them or not.
“To everyone who supported me, believed in this office and stood by our deputies and staff during the hardest moments – thank you. Your support mattered more than you may ever know.
“Cherokee County is in good hands. The foundation is solid. The momentum is real. Now it’s time for someone else to carry it forward,” Smith wrote.
Filling the office
The Cherokee County GOP Executive Committee will meet on at 6 p.m. Thursday, Feb. 19, at the Educate for Success Building, 315 Family Church Road in Peachtree, for the purpose of filling this vacancy.
The executive committee will take nominations from the floor. However, in order to be considered, each candidate must submit a complete packet that includes:
- A Board of Elections application;
- A current resume;
- A criminal background check.
Submission of materials prior to Feb. 19 is strongly preferred. Candidates may submit materials the night of the meeting; however, any incomplete packet will result in the candidate not being considered.
Anyone wishing to be considered should email cherokeecountyncgop11@gmail.com to request the required packet.
During the meeting, the executive committee will ask questions of each candidate, allow time for discussion and then proceed to a vote. All actions will be conducted in accordance with North Carolina law. Once a decision is made, the committee will forward its recommendation to the Cherokee County Board of Commissioners.
The term in office for that person will be until December, when the winner of the Republican primary – Chris Wood or Sam May – will become sheriff, as no Democrat has filed to seek the position.