The man charged in the stabbing death of a pet dog while its owner played pickleball will have a sentencing hearing Monday in Buncombe County that could lead to his release.

James Wesley Henry has been in Broughton Hospital, a state psychiatric facility, for treatment since April. Henry, who has a lengthy criminal history, 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.

The 11-year-old mixed breed named Beignet was stabbed to death June 26, 2023, at Weaver Park while the dog’s owner played pickleball with friends.

Buncombe County District Attorney Todd Williams said Friday that he could not comment on a pending matter.

“At the sentencing hearing Monday morning, the state will present its argument for appropriate sentencing,” Williams said.

North Asheville residents Tom and Liesbeth Mackie owned Beignet. Tom Mackie said Thursday that an assistant district attorney had contacted them to let them know about the hearing, and that Henry most likely will be released.

“I feel absolutely awful, and I’m concerned about other people,” Mackie said. “I think the laws need to change. I mean, people are walking in fear, and not just from this guy — from all kinds of violent people that get turned out.”

Mackie said the country as a whole needs more mental health care, and he acknowledged that sending someone like Henry to prison could worsen his struggles. 

‘Can someone like this be rehabilitated?’ 

“But can somebody like this be rehabilitated?” Mackie said, referring to Henry’s criminal history.

The Mackies hope that if Henry is released, he will move back to Morganton, about 60 miles east of Asheville and where his mother is from. Liesbeth Mackie said she has concerns for the public’s safety but also for Henry himself, because the case stirred such outrage and passion from the community.

Liesbeth Mackie said she talked to her son recently about Henry’s potential release, and he told her, “Mom, you don’t want vigilantes and pitchforks.”

“And I thought, ‘That’s exactly what I don’t want,’” Liesbeth Mackie said.

Liesbeth Mackie was playing pickleball at Weaver Park when Henry was seen attacking Beignet, who was leashed and lying in the shade. Initially, witnesses thought Henry was punching the dog, but he actually had a knife in his hand.

Before the incident, Henry had been in and out of jail more than two dozen times, and Asheville police knew him as far back as 2010 because of his violent behavior. 

Asheville Watchdog has previously reported that Henry, 45, was homeless at the time of the incident and prone to alcohol-fueled volatility. Henry served briefly in the military, but his mother told The Watchdog that he suffers from post-traumatic stress disorder and has a drinking problem.

Last April, a judge ruled that Henry would go to Broughton Hospital for mental health treatment.

Williams previously noted that Henry lacked the “capacity to proceed to trial” and would be sent to Broughton Hospital “for further evaluation and restoration services,” according to the district attorney’s office. Broughton Hospital is a regional state psychiatric hospital in Morganton.

The Buncombe County Public Defender’s Office represented Henry in the hearing. Sam Snead, head of the office, said last year that technically, “restoration” means the accused could be treated and restored to a mental health capacity where he could stand trial.

Typically, the treating hospital sends the court updates on the treatment, usually every six months, Snead said then.

“If restoration can’t happen within a year, a year and a half, they’ll often say, ‘Well, they’re not restorable,’” Snead said. “They’re balancing the nature of the crime regarding the potential restoreability. So if you’ve committed murder, they may be willing to keep you in the hospital for a decade or more before they deem you unrestorable.”

Snead said if a judge makes a ruling of non-restorability, at that point the prosecution cannot proceed and the court would likely dismiss the case. Snead said the district attorney also can review the restorability updates and decide to dismiss the case.

“And then the other (factor) is if the person has served essentially the maximum amount of time that they can serve for the charge, regardless of their restoreability, then there’s also a mechanism by which the charges can get dismissed,” Snead said last year.

Technically, “restoration” means the accused could be treated and restored to a mental health capacity where he could stand trial, Snead said last year, but he added that he did not expect this case to go to trial.

The Watchdog left messages for Snead on Friday but did not hear back by deadline. Snead did not handle the Henry case personally.

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/.

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