1000 x 90

Avery County Resident Arrested Following Standoff with Law Enforcement Sunday

By Tim Gardner

An altercation involving a father and son in the Elk Park township of Avery County on Sunday, September 3 has resulted in the arrest of 28-year old James Ty McCoury, according to Avery Sheriff Mike Henley.

At approximately 7:00 a.m., Avery County Communications received an Emergency-911 phone call from the residence of 7355 U.S. Highway 19-E indicating an unwanted person was there and requesting law enforcement to come and remove the subject. Additional information was obtained from the caller that the individual was inside the residence attempting to break into a bedroom door.

Deputies with the Avery County Sheriff’s Office responded to the residence. Upon arrival, they encountered the suspect, who possessed a high-powered rifle, and attempted to deescalate the situation. The suspect failed to obey the deputies’ commands to put the gun down and surrender. He then fled into a garage area on the property and barricaded himself to attempt to elude the deputies.

The suspect’s father was evacuated from the property and a perimeter was established by law enforcement on the scene to secure the area and ensure the surrounding community was a safe distance away from the incident.

Sheriff Henley said it quickly became a tactical operations mission where multiple allied law enforcement agencies, including those from Mitchell and Caldwell counties, also responded to provide additional help in an effort to safely resolve the situation. He also noted that Carter County, Tennessee law enforcement was notified of the situation because it was occurring within a short distance of the Avery County and Carter County lines.

At approximately 11:10 a.m., the suspect was located by law enforcement and taken into custody without further incident. Sheriff Henley added that deputies found McCoury’s gun in a vehicle on the property, who confiscated it.

The suspect was charged with Felony Breaking and Entering and Felony Possession of a Stolen Vehicle. 

Bail was set at $50,000.00 by an Avery County Magistrate, and the suspect is currently being held in the Avery County Detention Center.

Additional charges are pending against the suspect which include Felony Possession of Methamphetamine and Damage to Personal Property, according to the Sheriff.

He was also arrested in Yancey County on August 23 on a Failure to Appear in Court misdemeanor charge.