From Staff Reports

Three of Buncombe County’s candidates for district attorney appeared and exchanged views — and a few verbal jabs — during an hour-long early-morning forum hosted April 1 by the Council of Independent Business Owners at UNC Asheville’s Sherrill Center.

It was the first “live” meeting of CIBO since the COVID-19 pandemic began two years ago, Buzzy Cannady, the local pro-business group’s leader, noted at the start of the session, as he welcomed everyone.  (Instead of “live” meetings, CIBO was holding Zoom (virtual) meetings on a regular basis during the pandemic.)

More than 60 people attended the breakfast meeting featuring incumbent DA Todd Williams and challengers Doug Edwards and Courtney Booth. 

During opening remarks, for which Williams was chosen to speak first, he noted that he was elected Buncombe’s DA in 2014, took office in 2015 and is “a life-long Tar Heel.”

He said he ran for DA “because, frankly, the DA’s office was not in a good place. I ran after serving as a public defender for 14 years,” when I” learned a lot throughout Western North Carolina, both in Buncombe County and other districts.

“I wanted to bring a new philosophy to the DA’s office to use discretion. I jumped right in with new programs for victims,” Williams said.

However, Williams said, “None of that would be sustainable if we didn’t also prosecute crime...  I’ve restored the integrity of the DA’s office.”

Next, Edwards said in his opening statement, “We need leadership where the issues are life and death... After seeing first-hand the lack of leadership in the DA’s office,” where, until recently, he was its second-in-command.

“I’m running against two folks with the mindset of public defenders (Williams and Booth). My experience (in contrast) — as a prosecutor — is the best for our community.

“As reported by the Citizen Tmes just last week — the violent crime rate in Asheville is up 31 percent over the last five years — and double the national average.

“What you’ll hear my opponents talk of is their work for those charged with crimes. What I’ll be talking about are victims.”

Edwards then gave several examples of crimes that have occurred during Williams’ tenure as DA, noting that
“these are crimes that wouldn’t have happened if the DA didn’t have a public defender mindset.”

The final candidate to give opening remarks was Booth, who began by noting, “The criminal justice system works… against communities of color.”

After a pause, she asserted, “I will fight injustice.”

Booth then noted that, “as one comes to the (Buncombe County) courthouse, you have to walk under portraits of the Vance Monument. And a picture of Augustus Merrimon.

 (Augustus Summerfield Merrimon (1830-1892) reportedly was a Democratic U.S. senator who defended voter intimidation and atrocities against blacks in the South.)

Continuing, Booth said, “Our jail population is about 30 percent black. Our (overall) population of Buncombe County is 6.3 percent black. We have to make changes...

“Todd still pursues ‘three strikes you’re out,’ using them as weapons.

“We’ll never forget Johnny Rush — that was under Mr. Williams’ leadership as well.

“Violent crime is up. However, Todd and Doug have been running this office. However, Doug was Todd’s chief assistant” until recently.

Booth ended her opening remarks by vowing “to be a reform candidate to make us safe.”

In a rebuttal, Edwards said, “I did serve as cief assistant in my last year in office. I fought for victims of heinous crimes — every day of the year.”

Next, for his first of 10 or so questions on behalf of CIBO, Cannady asked, “What would you do to change this trend — 31 percent increase in violent crime in Asheville in five years?”

Edwards replied, “We have to support our law enforcement. And we must encourage good policing. We have to build trust in the community and re-establish confidence in the DA’s office.”

Booth answered, “Again, I don’t see the DA’s office working to change this. I’ve seen it — and I’ve seen it for over 17 years. I believe the way they (the Asheville Police Department) are policing — it’s predatory. I’ve always believed that ‘respect given is respect earned.’”

Williams responded, “I met with (APD) Chief (David) Zack yesterday. Yes, homicides, gun crimes and robberies are even,” compared to previous years. “What’s (really) up is aggravated assaults… It could be that people ahve been on (COVID 19) lockdown for the last year. It could be partner volience. It could be homeless assaults....”.

Next, Cannady asked, “What’s your response” to criticisms of the DA’s office “that it’s not tough enough on criminals?”

Booth replied, “ I’ll tell you it’s a battle. It’s a battle every day to defend clients. From my standpoint as a public defender, it’s still a law-and-order office and , like you said, ‘Violent crimes are still going up.”

She added, “It’s really important not to be hide-bound.”

Williams said succinctly, “It’s important to be tough.”

Edwards then asserted, “Both of my opponents come from public defender backgrounds and if you think the DA’s office is not tough enough, I’m the solution.”

In countering Edwards, Booth asserted, “Anybody that knows me, knows I’m very strong. I would not be weak on violent crime. You have to prioritize. I’m empathetic. I’m caring. I can care just as strongly for victims” as for perpetrators.

For the third question, Cannady asked, “As DA, where do stand on all crimes, with ‘10’ the highest level?

Williams replied, “I’ve never said there’s no law we won’t enforce. That’s not what a DA’s office does.

“It is the DA office’s job to do justice in every case....”

Edwards answered, “My commitment as your DA is to prosecute all cases under the law.”

Then, Edwards added, throwing a verbal jab at Williams, “The DA put in effect that we would not prosecute low-level dismissials downtown. That changed when the chief came out” against that plan.

Edwards then reiterated, “I will commit to you that I will enforce the law.”

Replying to the question, Booth said that, beyond problems with the DA’s office, “the (Asheville) police department is down 42 percent (in officers), I think. We have to use our resources wisely.

“Again you have to start with the violent crimes, crimes against children, assaults, robberies....”

Williams asserted, “I have not said that we wouldn’t preseciute any crime on the books.” Instead, the DA said it is his office’s job to prosecute crimes.

Next, Cannady asked, “As DA would you commit to closing the needle exchange progrmas?”

Edwards answered, “I don’t agree with the injection sites. I don’t know that that’s within the DA’s purview. But we do have a needle disposal problem....”

Booth replied, “Again, I’ve been a public defender for 14 years. We’ve got to get the clean needles” out to those in need of them.

Williams said, “Sometimes, I think the DA is looked at as ‘the overlord of the justice system.’ We are ‘advocates on behalf’ — before judges and courts.

“I think it’s a serious problem, and as a public advocate, I’ll continue to make that statement,” Williams noted.

Cannady asked, “How would you work with the (Buncombe) sheriff (Quentin Miller) on jail space.”

Booth answered, “I don’t think we need more jail space.”

She then spoke of an Afircan-American who remained in jail, “but if he had come from a wealthy family, they would have had him out.”

Williams replied, “Look, we just came out of one of the most challenging situations in a generation in the law system, and we reduced the jail population during COVID... At the DA’s office, we’re there as advocates.”

Edwards asserted, “I do not believe that we need more jail space at this time. But if we don’t get our jail population under control,” then there will be a problem.

“The (Buncombe) jail population has increased every year Mr. Williams has been in office, except for two,” Edwards noted.

Cannady then asked, “Business-owners are tired of dealing with homeless, waste, etc. — as DA, will you prosecute homeless individuals who break the law in this manner?”

Williams, the current DA, answered, “Yes, we will — and we have. When this letter came from the chief last December, I passed it along to the judges for their feedback. No. 1 — the law. No. 2 — the crime. Everyone must be found guilty beyond a reasonable doubt.”

As for earlier criticisms of too much staff turnover at the DA’s office, Williams said, “If we can’t hire police downtown for $42,000 starting pay,” then the starting pay for those at the DA’s office is likely similarly not competitive with other places, resulting in excessive turnover.

Edwards replied, “Yes, we need to prosecute every case. These folks were never making it to court because these cases were being dismissed before even hitting the courtroom.”

Booth noted that, “interestingly, a Class 3 misdemeanor includes trespass, urinating in public, littering... You’re not going to get anywhere by” prosecuting the perpetrators. “It’s just going to encourage the cycle.”

Next, Cannady asked, “It seems that some activists want the DA’s office” to make many changes and serve a variety of purposes — :where do you draw the line?”

Edwards answered, “The DA’s office has to take crimes seriously and restore a sense of safety and security within the community... I will support programs that help offenders,” along with those that help victims.

Booth said, “I’d like to clarify by what you mean by ‘activists?’ Again, I think ‘it takes a community.’ We know that the old system doesn’t work. Whether you’re a Democrat or a Republican, people want change. So we do have to work with community members to make change. Locking people in jail causes generations of harm.”

Williams replied, “You know the justice system — if you look back through the ages — has been in the process of reform for thousands of years, The justice system is in a constant state of evolution.”

Further, Williams said, “The sharp division line is violence… That’s where you’re definitely prosecuted and go to prison.”

Much more problematic is what to do “if it’s a lesser crime….” Williams asserted.

Cannady asked, “Offices in law enforcement system say they don’t feel supported… How can we support law enforcement?”

Booth said, “I think it’s nationwide. I don’t think it’s exclusive” to Asheville and Buncombe.

“That being said, we also live in a community where it’s extremely expensive to live,” she noted. “I know many officers — and I know many are doing the right thing.”

Williams answered, “Since I’ve become DA, I’ve gotten to know very well what they’re asked to do.” 

Edwards — in another verbal jab at Williams — replied, “Currently, the local law enforcement officers do not feel supported by the DA.” Edwards added that he is endorsed by the International Firefghters Association and the Police Benevolent Associaton, among others.

Further, Edwards said, “Law enforcement knows they can trust me — and that I will hold them accountable if they are out-of-line.”

Cannady asked, “What are the top issues for the DA?”

Williams replied, “Keep gun violence at a mininum..Protect most vulnerable victimes of our criminal justice system. We need to continue to do reform and ensure it is sustainable as we move forward.”

As for the top issues, Edwards answered, “Organizational issues in the DA’s office —15 lawyers have left the DA’s office, creating morale problems

“We need to bring real leadership to the DA’s office. The rising crime in our community — it needs to be addressed. Trust (in the DA’s office) needs to be developed in our community.”

Booth said, “We need to give people opportunites. Help people with mental illness, drug problems, etc. If you’re 18 years old — it seems like we don’t have anything for them.We have to focus on violent crime....”

For his “top priority,” Williams said, “We (need to) start people at $32,000 in the DA’s office. Frankly, the state legislature is” fighting this plan.

Following are the “final thoughts” from each of the three candidates:

• Edwards said,“We’re at a crossroads in our community.Children in our community have been victimized.”

• Booth said, “We have to work to end cash bail... Nobody wants a safer community than a Mom (like her) with a 10-year-old daughter.”

• Williams said, “Unlike my opponents, I have a record. Again, as for my goal, the justice system is in a constant state of flux, but we’re learning more about human behavior” and it is the DA’s hope that the application of this knowledge to the perpetrators of crime will gather steam to provide some relief for everyone.