The man who stabbed a pet dog to death at Weaver Park while its owner played pickleball nearby will be released from state custody after pleading guilty Monday to one felony count of cruelty to animals.
James Wesley Henry has been in custody for 595 days and will be released, perhaps as early as Monday, because he has already served more than the maximum sentence under state law, 19 months. Superior Court Judge Gary Gavenus accepted Henry’s guilty plea, acknowledging the length of Henry’s custody.
In a brief statement in court, after acknowledging he understood what he was pleading to, Henry told the judge that people “were yelling the N-word” at him on the day of the stabbing, June 26, 2023. Henry, who has a lengthy criminal record and history of mental illness, also maintained that he was attacked by two dogs that day, including the one he killed, an 11-year-old, 30-pound mixed breed named Beignet.
“It wasn’t just one dog I was attacked by — it was two dogs,” Henry said.
Henry, 45, was charged with a lower level, class H felony of cruelty to animals, which carries a maximum sentence of 39 months for an offender with multiple convictions. But with his record, the most time he could have received was 19 months.
James Wesley Henry // Photo credit: Asheville Police Department
Buncombe County Assistant District Attorney Josh Harrold summarized the state’s case against Henry, noting that Beignet was lying in the shade near the courts, tied to a bike rack with a leash, when Henry killed the animal. Henry was observed “holding Beignet in the air by the throat and stabbing (the dog) again and again,” Harrold said.
Beignet died of wounds to the throat and chest.
Initially Henry was found incompetent to stand trial, but after being committed to Broughton Hospital, a state psychiatric facility, for treatment, he was found competent to proceed with the sentencing hearing.
“The horrific cruelty inflicted upon Beignet highlights the inadequacy of current animal cruelty laws in North Carolina,” District Attorney Todd Williams said in a statement following the hearing. “I urge lawmakers to enhance these laws without delay to protect vulnerable wildlife and animal companions. My thoughts are with Beignet’s family.”
Beignet’s owners, Tom and Liesbeth Mackie, were notified of the hearing but decided not to attend. Tom Mackie toldAsheville Watchdog last week that he’s concerned about the public’s safety now that Henry will be released, questioning whether someone like him could actually be rehabilitated.
In a statement, Liesbeth Mackie said she’s thankful for the overwhelming community support she and her family received after the incident, and for the pickleball players who followed Henry after the assault and alerted police to his whereabouts.
The Mackies received numerous cards conveying sympathy following the slaying of their dog, Beignet, in June 2023. // Watchdog photo by John Boyle
Defense argues in vain for Alford plea
Henry’s attorney, Public Defender Michael Casterline, argued in court that Henry was eligible for an “Alford plea,” in which the defendant maintains his innocence but admits that the prosecution’s evidence likely would lead to a guilty verdict in a trial. Casterline said case law supports that plea in cases in which the defendant has already served the maximum sentence.
But the judge would not entertain the idea, even though Casterline said he’d presented the Alford plea to the state Friday.
“I will not do it,” Gavenus said. “You got another judge right upstairs.”
After Casterline said case law supports the Alford plea notification to the state, Gavenus still declined to entertain it.
“I’m not going to argue with you,” Gavenus said. “I’m not going to do it.”
After the hearing, Casterline said he still disagreed with the judge’s ruling.
“The law is essentially that if you’ve done your max sentence, you can plead guilty without a deal,” Casterline said. “The state was trying to characterize it like we had made some deal with them — we haven’t made any deal.”
“I think he’s violating the law,” Casterline said of the judge’s refusal. “There’s clear case law.”
“If we don’t have a plea arrangement, if we don’t have some negotiated sentence, he has to take it. It’s a silly skirmish, and I wanted my client to get out of jail.”
Henry is eligible for release, which could occur as early as today, Casterline said.
In court, Henry wore a brown Buncombe County Detention Facility jumpsuit and chains at his waist, hands, and ankles. He answered the judge’s questions quietly and said he was of sound mind and understood the proceedings.
Henry had been at Broughton since Nov. 14, 2024, Casterline said. So he served most of his time in the Buncombe County Detention Facility.
Henry told the judge he takes the antipsychotic medication Zyprexa, which treats schizophrenia and/or bipolar disorder. Casterline said in court that Henry, who served in the military, is eligible for continuing mental health treatment through the Veterans Affairs medical system.
Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. John Boyle has been covering Asheville and surrounding communities since the 20th century. You can reach him at (828) 337-0941, or via email at jboyle@avlwatchdog.org. The Watchdog’s local reporting during this crisis is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.
www.thecentersquare.com – By David Beasley | The Center Square contributor – (The Center Square – ) 2025-04-30 21:25:00
(The Center Square) – Authorization of sports agents to sign North Carolina’s collegiate athletes for “name, image, and likeness” contracts used in product endorsements is in legislation approved Wednesday by a committee of the state Senate.
Authorize NIL Agency Contracts, known also as Senate Bill 229, is headed to the Rules Committee after gaining favor in the Judiciary Committee. It would likely next get a full floor vote.
Last year the NCAA approved NIL contracts for players.
Sen. Amy S. Galey, R-Alamance
NCLeg.gov
“Athletes can benefit from NIL by endorsing products, signing sponsorship deals, engaging in commercial opportunities and monetizing their social media presence, among other avenues,” the NCAA says on its website. “The NCAA fully supports these opportunities for student-athletes across all three divisions.”
SB229 spells out the information that the agent’s contract with the athlete must include, and requires a warning to the athlete that they could lose their eligibility if they do not notify the school’s athletic director within 72 hours of signing the contract.
“Consult with your institution of higher education prior to entering into any NIL contract,” the says the warning that would be required by the legislation. “Entering into an NIL contract that conflicts with state law or your institution’s policies may have negative consequences such as loss of athletic eligibility. You may cancel this NIL agency contract with 14 days after signing it.”
The legislation also exempts the NIL contracts from being disclosed under the state’s Open Records Act when public universities review them. The state’s two ACC members from the UNC System, Carolina and N.C. State, requested the exemption.
“They are concerned about disclosure of the student-athlete contracts when private universities don’t have to disclose the student-athlete contracts,” Sen. Amy Galey, R-Alamance, told the committee. “I feel very strongly that a state university should not be put at a disadvantage at recruitment or in program management because they have disclosure requirements through state law.”
Duke and Wake Forest are the other ACC members, each a private institution.
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
The article primarily reports on the legislative development regarding NIL (name, image, and likeness) contracts for collegiate athletes in North Carolina. It presents facts about the bill, committee actions, and includes statements from a state senator without using loaded or emotionally charged language. The piece neutrally covers the issue by explaining both the bill’s purpose and the concerns it addresses, such as eligibility warnings and disclosure exemptions. Overall, the article maintains a factual and informative tone without advocating for or against the legislation, reflecting a centrist, unbiased approach.
SUMMARY: Donald van der Vaart, a former North Carolina environmental secretary and climate skeptic, has been appointed to the North Carolina Utilities Commission by Republican Treasurer Brad Briner. Van der Vaart, who previously supported offshore drilling and fracking, would oversee the state’s transition to renewable energy while regulating utility services. His appointment, which requires approval from the state House and Senate, has drawn opposition from environmental groups. Critics argue that his views contradict clean energy progress. The appointment follows a controversial bill passed by the legislature, granting the treasurer appointment power to the commission.
www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-04-30 14:47:00
(The Center Square) – Called “crypto-friendly legislation” by the leader of the chamber, a proposal on digital assets on Wednesday afternoon passed the North Carolina House of Representatives.
Passage was 71-44 mostly along party lines.
The NC Digital Assets Investments Act, known also as House Bill 92, has investment requirements, caps and management, and clear definitions and standards aimed at making sure only qualified digital assets are included. House Speaker Destin Hall, R-Caldwell, said the state would potentially join more than a dozen others with “crypto-friendly legislation.”
With him in sponsorship are Reps. Stephen Ross, R-Alamance, Mark Brody, R-Union, and Mike Schietzelt, R-Wake.
Nationally last year, the Financial Innovation and Technology for the 21st Century Act – known as FIT21 – passed through the U.S. House in May and in September was parked in the Senate’s Committee on Banking, Housing and Urban Affairs.
Dan Spuller, cochairman of the North Carolina Blockchain Initiative, said the state has proven a leader on digital asset policy. That includes the Money Transmitters Act of 2016, the North Carolina Regulatory Sandbox Act of 2021, and last year’s No Centrl Bank Digital Currency Pmts to State. The latter was strongly opposed by Gov. Roy Cooper, so much so that passage votes of 109-4 in the House and 39-5 in the Senate slipped back to override votes, respectively, of 73-41 and 27-17.
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
The article presents a factual report on the passage of the NC Digital Assets Investments Act, highlighting the legislative process, party-line votes, and related legislative measures. It does not adopt a clear ideological stance or frame the legislation in a way that suggests bias. Instead, it provides neutral information on the bill, its sponsors, and relevant background on state legislative activity in digital asset policy. The tone and language remain objective, focusing on legislative facts rather than promoting a particular viewpoint.
