MURPHY
Sex offender re-arrested
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Convicted sex offender Justin Ryan Barber, 32, of Murphy, has been charged with violation of the N.C. Sex Offender registry as well as multiple charges, including theft and failure to appear, according to a release from Cherokee County Sheriff Derrick Palmer.
In January 2008, Barber pleaded guilty to incest in Cherokee County Superior Court. In accordance with the state statutes governing the registration of offenders convicted of sexual offenses, Barber registered with the Cherokee County Sheriff’s Office shortly after the conviction in January 2008.
One of the duties that Barber was required by statute to abide by was to notify the registering sheriff of any changes of address. In January 2021, Barber personally appeared at the Cherokee County Sheriff’s Office and made a change of address indicating that he was residing at a residence on Indian Hills Drive.
In March, while an investigation was being conducted into the theft of several high value coins, information was made known that Barber was no longer at the residence. A warrant was issued for Barber’s arrest for failing to notify his change of address.
In late October, the detective assigned to the case was notified by the officials in Gennessee County, N.Y., that Barber was in their jurisdiction. Once the warrant for arrest was confirmed, Barber was incarcerated at the Gennessee County Detention Center.
Barber waived extradition, and Cherokee County sheriff’s deputies made the trip to Gennessee and returned Barber to the local jail.
Barber is detained at the Cherokee County Detention Center on $145,000.00 secure bond for failure to report new address-sexual offender, extradition/fugitive to other state, resisting public officer, breaking or entering, financial card
theft, breaking and entering a motor vehicle and failure to appear on a felony.
His first court date is Monday.
“The Sex Offender Registry is an outstanding tool in keeping track of those who have offended against victims, both adult and children,” Chief Deputy Joe Wood said. “Outstanding work by all involved.”
To report suspicious activity and suspect violations of the law, call 828-837-1344 or submit a tip at crime.tips@cherokeecounty-nc.gov.
ROBBINSVILLE
Cop cleared in fatal shot
A Graham County sheriff’s deputy who fatally shot a Tennessee man on June 20 has been cleared of any wrongdoing, District Attorney Ashley Hornsby Welch said Thursday.
Deputy Courtney Heaton shot and killed Mickey Ray Rice, 31, of Dickson, Tenn., after he brandished what she reasonably believed to be a real gun, later identified as a fake gun.
“Heaton was justified in the use of deadly force as it was her actual and reasonable belief that the application of such force was necessary to defend herself and others from imminent harm,” said Welch, citing portions of N.C. General Statute 15A-401(d)(1)(a) and (d)(2).
During a traffic stop in Robbinsville for a minor traffic infraction, Rice fled from law enforcement. A chase ensued, with the suspect driving at excessive rates of speed and crossing double-yellow lines. His reckless driving placed others in possible danger.
The chase ended at the end of Anderson Creek Road. Once the suspect finally came to a stop, he refused to obey repeated law enforcement commands to step out of the vehicle and put his hands up.
“After careful review of the SBI investigative file, the relevant statutes and case law, I have determined that there is no evidence of criminal misconduct by Officer Heaton and that the use of force was lawful and justified,” the district attorney said.
Prior to reaching her
decision, Welch reviewed witness statements, interviews, photographs, surveillance video, use-of-force policies, CAD report, Heaton’s law-enforcement records, relevant criminal-and-driving histories, crime-scene investigation report, body camera, dash camera and supporting handwritten notes, emails and text messages.
Earlier this month, Welch met with the family and explained her decision. She allowed members of the family to watch dash-cam video of the pursuit and fatal confrontation.
“I sincerely offer my condolences to the family of Mr. Rice,” she said. “I know they are grieving the loss of a loved one.”
From staff reports.