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/.
SUMMARY: Gel nail polishes were recently banned in the EU due to the chemical TPO, which helps the gel harden under UV light. Concerns stem from studies showing potential reproductive risks in rats fed TPO, but humans aren’t exposed this way. The margin of exposure calculated for TPO is very high (1,515), suggesting it’s safe for people. More significant risks come from UV light used to cure nails, which may contribute to skin cancer over time. To stay safe, consider applying sunscreen before your salon visit and discuss toxin-free polish options with your aesthetician. Ultimately, balanced caution is key.
Certain gel nail polishes are no longer widespread in Europe as a chemical was banned due to potential health risks with long-term exposure. But a closer look at the study prompts some questions.
SUMMARY: Tyler Robinson, 22, from Utah, is in custody as the suspect in the shooting death of conservative activist Charlie Kirk at Utah Valley University. Robinson’s father identified him and convinced him to surrender after family members reported his possible involvement and negative comments about Kirk. Authorities believe Robinson acted alone. Investigators linked Robinson to the crime through Facebook posts and messages retrieved with help from his roommate. Robinson was arrested after fleeing the scene post-shooting. A rifle was found nearby. Charges are expected within three days. Officials praised coordination among police and government agencies in the swift arrest.
Authorities have taken into custody the person they suspect of shooting and killing conservative activist Charlie Kirk on …
www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-09-11 08:05:00
Decarlos Brown Jr. faces federal and state charges for the August 22 killing of Iryna Zarutska on a Charlotte light rail. The North Carolina chapter of the Council on American-Islamic Relations (CAIR) has urged federal prosecutors to classify the murder as a hate crime, citing video footage allegedly showing Brown making racist remarks. Brown, arrested 15 times previously, is charged with first-degree murder and a federal charge related to mass transportation. The case has sparked viral attention, legislative proposals, and a state audit of transit safety. CAIR condemns the murder and warns against using the crime to promote racial bias.
(The Center Square) – When a federal charge was levied this week against Decarlos Brown Jr. in the killing of Iryna Zarutska on a Charlotte light rail, authorities said more charges were possible.
North Carolina’s chapter of the largest Muslim civil rights and advocacy organization in the nation has formally requested federal prosecutors charge Brown with a hate crime.
“We join calls for the U.S. attorney to investigate the murder of Iryna Zarutska as a possible hate crime given video footage that appears to show the perpetrator commenting on her race and gender after brutally attacking her,” the North Carolina chapter of the Council on American-Islamic Relations said in a statement. “Whenever someone commits similar acts of violence while engaging in racist or bigoted rhetoric, law enforcement should automatically investigate a bias motive.”
Zarutska, 23, was killed while aboard the Lynx Blue Line light rail train about 10 p.m. Aug. 22 alongside Camden Road near the East/West station, according to the Charlotte Area Transit System video. Brown, arrested a 15th time in as many years, is charged with first-degree murder on the state level and charged on the federal level with committing an act causing death on a mass transportation system.
While in the local news immediately, the story went viral over the weekend and into this week when Charlotte-Mecklenburg Police released video from the transit system. Congressional proposals are in the works; state Republicans in the U.S. House have requested the chief judge in the district remove the magistrate signing off on cashless bail for Brown in January; and a probe of safety and budget for the transit system is underway by the state auditor.
CAIR-North Carolina said, “Video footage from the incident reportedly shows the alleged attacker, Decarlos Dejuan Brown Jr., pacing through the train and twice saying, ‘I got that white girl.’”
The Center Square has not confirmed the comments. Video released by Charlotte-Mecklenburg Police is from cameras aboard the Charlotte Area Transit System light rail train.
General Assembly leaders planned a noon press conference connected to the stabbing.
CAIR-North Carolina said, “As we condemn Ms. Zarutska’s horrific murder and call for a hate crime probe, we also condemn those using this crime to resurrect racist talking points about the Black community. This selective outrage is dangerous, hypocritical, and racially motivated, especially given that white supremacists fall silent about other stabbings, mass shootings, hate crimes, financial crimes, rapes, and various other misconduct committed by people of all races and backgrounds. Our society must secure justice for victims of crimes, not turn them into pawns for extremists.”
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 overview of the incident and related responses without adopting or promoting a distinct ideological stance. It reports on the victim’s killing, the ongoing legal actions, and the call from the North Carolina chapter of the Council on American-Islamic Relations (CAIR) for hate crime charges. The article quotes CAIR’s statements, which include both a call for investigation and a critique of racial double standards, but it does so without endorsing or challenging these views. It also mentions political actions from state Republicans and other official responses, maintaining a neutral tone throughout. The language is primarily descriptive, focusing on reporting events and stated positions rather than framing them in a way that suggests bias. Thus, the content adheres to neutral, factual reporting rather than expressing an ideological perspective.
