Dustin Smith
Update: Sheriff Dustin Smith is resigning, effective Friday. His full statement is below. Also, his resignation followed a request for him to resign from the district attorney. That statement is also included below.
Murphy – Cherokee County Sheriff Dustin Smith is resigning effective Friday and will not seek reelection. His resignation followed a call to resign by District Attorney Ashley Hornsby Welch because of a "loss in confidence, trust, and respect."
Cherokee County Government received Smith's formal resignation shortly after noon Thursday. The Cherokee County Board of Commissioners has called a special meeting to declare a vacancy in the Office of the Cherokee County Sheriff. There will be no other items of business discussed at the meeting. The meeting will be held in the commissioners' boardroom at the Cherokee County Courthouse at 4 p.m. Saturday.
"We received a letter of intent to resign (effective Friday, February 6th at 1 PM) from Sheriff Dustin Smith, just a few moments ago; however, after speaking with the county attorney, we can only release the Personnel Action Form (PAF), as the submitted letter is not a public record; unless released by Sheriff Smith himself," said Maria Hass, clerk to the Cherokee County Board of Commissioners.
In her letter to Smith, dated Jan. 28, District Attorney Welch said, "The repeated negative attention surrounding the Office of the Sheriff of Cherokee County negatively impacts court cases in our criminal justice system," Welch said in a letter to Smith. "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," Smith said in a statement late Thursday morning. "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," he said.
Smith, a one-term sheriff, had filed to run for reelection and faced two opponents in the Republican Primary ballot in March. He was expected to participate in a candidate forum on Friday.
Smith’s troubled first term in office including a botched SWAT raid resulting in a multi-million-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 significant loss of income for the county.
The Scout recently interviewed a former jail inmate who knew the inmate accused of the shooting death of a detention officer and who alleged that Smith should have and could have taken precautions that could have prevented that death.
Critics have said that Smith has a pattern of passing blame for problems he caused or at least was responsible for.
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.
Statement from District Attorney Ashley Hornsby Welch
The purpose of this correspondence is to formally request that you resign your position as the elected sheriff of Cherokee County. 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. 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 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 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.
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.
Statement from Sheriff Dustin Smith:
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.
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 reelection and will retire effective February 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.
Gratefully, Sheriff Dustin Smith
What's next for the Cherokee County Sheriff's Office
The board of commissioners is holding a special called meeting at 4 p.m.Saturday to declare the sheriff's office vacant.
In North Carolina, when a sheriff resigns, the vacancy is filled by an appointment made by the
Board of County Commissioners, not by a special election. The appointed sheriff serves for the remainder of the unexpired term.
The process is governed by NC General Statutes § 162-3 and § 162-5.1, which entail the following steps:
1. Interim management of the office
- Chief Deputy: If a sheriff resigns, the chief deputy (or senior deputy, if there is no chief) performs all duties of the sheriff immediately. Justin Jacobs is chief deputy of the Cherokee County Sheriff's Office.
2. Political party recommendation
If the former sheriff was a nominee of a political party, the board of commissioners must consult with that party's county executive committee. The commissioners are required to appoint the person recommended by the party committee, provided the recommendation is submitted within 30 days of the vacancy. Dustin Smith is a Republican.
3. Requirements for the New Appointee
The person appointed must meet the same qualifications as an elected sheriff. This includes providing a disclosure statement from the N.C. Sheriffs' Education and Training Standards Commission, issued within 90 days of appointment, confirming no felony convictions. They must also enter into the same bond as a regularly elected sheriff.
4. Appointment and term
The board of commissioners formally appoints the new sheriff. The appointed individual serves for the remainder of the unexpired term – December 2026 in this case.