By Tim Gardner
William J. Barthel, age 32, with a last known address of 1668 Emerald Mine Road in Spruce Pine, has been found guilty and sentenced in Avery County District Court for his conduct during a meeting of the county’s Board of Commissioners.
On May 14, Barthel was found guilty by Judge Matt Ruppfor one count each of Disruption of an Official Meeting and Resisting a Public Officer. Both are 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, which means Barthel will not be jailed for the two convictions. Instead, Judge Rupp sentenced Barthel to a total of 36 months 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.
Judge Rupp allowed Barthel ten (10) days, which expires on May 24, to file an appeal of the sentence. If an appeal is filed, Barthel would then receive a jury trial in Avery County Superior Court on both charges.
Barthel was arrested by Avery County Sheriff’s Deputies during the Avery County Commissioners regular monthly meeting on January 16. As the county commissioners began the 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 the 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 of 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 to handle the hostile 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 17) after posting a $1,000.00 bond. He first appeared in Avery County District Court concerning the charges on Wednesday, February 7. His case was then continued until May 14.
Barthel, also known as the “White Rabbit,” is originally from New Castle, Delaware, according to Sheriff Henley.
Barthel is being represented by Spruce Pine attorney Bill (Billy) Bomar, who at this writing, has not responded to a request by High Country Press to make a statement about Barthel’s court case and whether his conviction will be appealed and/or to release a statement from Barthel himself regarding the case.
Nick Benjamin prosecuted the case versus Barthel for the State of North Carolina Prosecutorial District Number 35.