By Tim Gardner
William J. Barthel has filed an appeal of his conviction in Avery County District Court for one count each of Disruption of an Official Meeting and Resisting a Public Officer concerning his conduct during the January 16th regular monthly meeting of the county’s Board of Commissioners.
As a result of the appeal, Barthel will receive a jury trial in Avery County Superior Court. According to a spokesperson in the Avery Clerk of Court’s office, Barthel’s trial has been continued to July 29th. It had been added to this week’s session of Superior Court, which began on Tuesday, May 28th. However, on Wednesday (May 29th), presiding Judge Gary Gavenus excused the jurors from further duty this week without Barthel’s case being heard.
Barthel, age 32, with a last known address of 1668 Emerald Mine Road in Spruce Pine, was found guilty by Judge Matt Ruppon May 14th of the misdemeanor charges.
Judge Rupp sentenced Barthel to sixty (60) days in jail, thirty days (30) on each convicted charge, with one (1) day credit for the day he already served when he was arrested before he posted bond. Judge Rupp then suspended the sentence, meaning Barthel was not jailed for the two convictions. Instead, Judge Rupp sentenced Barthel to 36 months of supervised probation (18 months for each charge). As part of his sentence, Barthel also must pay $1,243.00 in court costs and perform 48 hours of community service (24 on each convicted charge) during the first ninety (90) days of his probation.
Judge Rupp also banned Barthel from attending any Avery County Board of Commissioners meetings while he is on probation.
If Barthel breaks any conditions of his sentence or is charged with any other legal offenses during his probation period, he would be returned to court and a judge could change his jail sentence from suspended to activated. That means that Barthel would then be jailed to serve the part of his sentence that was originally suspended. A judge could then also add other sanctions to Barthel’s sentence such as additional jail time, more monetary fines, more hours of community service, and extend his period of probation.
Judge Rupp allowed Barthel ten (10) days, which expired on May 24th, to file an appeal of the sentence and receive a jury trial in Avery County Superior Court on both charges. The Clerk of Court’s office spokesperson said that Barthel filed his appeal on May 23rd.
Avery County Sheriff’s Deputies arrested Barthel during the Avery County Board of Commissioners meeting on January 16th. As the county commissioners began the meeting’s public comment segment, Barthel was in the back of their board boom in the County Administration Building in Newland with a vinyl banner that included an image of Assistant County Manager and Clerk to the Board of Commissioners Cindy Huffman Turbyfill and vulgar language.
Barthel was approached by Sheriff’s Office Captain Mike Watson andasked to remove his banner, which Barthel refused to do, citing his First Amendment right to free speech. Commission Chairman Tim Phillips, who served as moderator of the meeting, then requested that Barthel be removed from the board room by sheriff’s deputies present, citing his disruption of it. After a brief scuffle with the sheriff’s deputies in the board room, Barthel was removed by them to the adjoining hallway. He questioned if he was trespassing at the meeting and continued to resist being removed from the board room. He also used obscene language directed at the law enforcement officers that could be heard inside the meeting from the hallway.
Avery Sheriff Mike Henley was also contacted and he and additional deputies responded to the County Administration Building to assist the deputies present with the situation. Barthel was then arrested and transported to the Avery County Detention Center (Jail), also in Newland, where he was booked. The resisting public officer charge was a result of Barthel’s conduct against Sheriff’s Deputy Caleb Hicks.
Barthel was released from jail the following day (January 17th) after posting a $1,000.00 bond. He first appeared in Avery County District Court concerning the charges on Wednesday, February 7th. His case was then continued until May 14th.
Barthel, also known as the “White Rabbit,” is originally from New Castle, Delaware, Sheriff Henley said.
Barthel is being represented by Spruce Pine attorney Bill (Billy) Bomar. Neither Barthel nor Bomar have responded to requests by High Country Press to make a statement about Barthel’s court case.
Nick Benjamin is the prosecutor of the case versus Barthel for the State of North Carolina Prosecutorial District Number 35.