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. 

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 told Asheville 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. 

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/.

Related