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Ashe Superior Court gets under way

Originally published: Mar. 14, 2013
Last modified: Mar. 14, 2013

Jesse Campbell

As a Grand Jury worked on more than a 100 indictments from an array of cases, Ashe County Superior Court commenced Monday and heard cases involving drug offenses, as well as incidents of breaking and entering.

The following is the result of the cases heard during the afternoon session. None of these cases are related.

Thomas Absher, 56, of West Jefferson, pleaded no contest to assault on a female.

A defendant who pleads does not admit guilt, but is treated as guilty.

As part of plea agreement, Absher was sentenced to 19-23 months in prison. 

This sentence was suspended for 30 months of supervised probation. As long as Absher abides by the rules of probation, he will not serve jail time.

According to testimony, the charges against Absher originate from an incident at 206 Buffalo Meadows in West Jefferson on Oct. 27, 2011. 

Deputy Joe Francis, who responded to a domestic disturbance at the residence, noticed Absher leaning over the side of his truck when he arrived.

Absher was ordered to drop what he was holding and was placed under arrest, according to the prosecution’s testimony.

According to an arrest warrant, at some point that evening, Absher assaulted a female at the residence by striking her in the face with his fist.

Absher claims the female victim came to his house asking for a ride. An argument soon developed and Absher claimed he acted in self defense, said his attorney Garland Baker.

Julia Hvostal, 38, pleaded guilty to possessing meth and precursor chemicals related to manufacturing the substance.

As part of a plea agreement, Hvostal received a consolidated sentence of 16-20 months in the N.C. Department of Corrections, suspended for 30 months of probation. She also received credit for time served.

Dustin Hurley, 28, pleaded guilty to forgery charges, which originated from a March 2012 incident.

According to testimony, Hurley forged his wife’s signature on an employment security check and attempted to deposit it in a checking account. Hurley was separated from his wife at the time.

Hurley received 6-17 months in the DOC, suspended for 18 months of supervised probation.

The case of 25-year-old Marvin Ray Simcox, who was charged in January on multiple sex offenses including first degree rape of a child, saw his case continued to the July session of Superior Court on Tuesday. 

Simcox was initially arrested on a charge of first degree rape of a child on Jan. 4, and held on a $250,000 bond. He remained in jail and more charges were filed later, which added an additional $500,000 bond. 

The combined bond total is $750,000.

More charges are expected in this case, according to court testimony.

For more information and stories, see Ashe Mountain Times.