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District Attorney's Office, 35th Prosecutorial District of NC

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Burnsville, NC
District Attorney's Office, 35th Prosecutorial District of NC

We prosecute cases in the 35th District of NC which includes the counties of Madison, Yancey, Mitchell, Avery, and Watauga.

01/10/2025

Today is Law Enforcement Appreciation Day! We would like to thank all law enforcement for all they do to serve and protect our communities. We appreciate the courage and dedication you demonstrate each and every day.

09/20/2024

Banks Found Guilty of Trafficking Oxycodone

Burnsville, NC – On September 17th, 2024, David Brown Banks was found guilty by a Yancey County jury of Trafficking in O***m or He**in, Maintaining a Dwelling Place for the Purpose of Controlled Substance, and Possession with Intent to Sell or Deliver a Schedule II Controlled.

This case stems from an investigation into Mr. Banks based on community complaints that he was distributing drugs. Detectives performed an investigation which corroborated those complaints and when interviewed Mr. Banks admitted to delivering controlled substances to individuals in the community. Detectives ultimately located a trafficking amount of oxycodone in Mr. Banks’ residence which he had no lawful reason to possess.

Senior Resident Superior Court Judge Gary Gavenus sentenced Banks to a minimum of 8 years (96 months) to a maximum of 11 years 5 months (137 months) in the North Carolina Department of Adult Corrections. Judge Gavenus also ordered that upon Banks’ release from prison he will be on probation for an additional 30 months.

“I would like to thank the Yancey County Sheriff’s Office for their efforts in bringing drug traffickers to justice,” District Attorney Seth Banks said in a statement. “I also want to commend Assistant District Attorney Jeremy Ingle for his work in the prosecution of this case. My office remains committed to doing everything that we can to combat the distribution of these poisons in our community.”

07/25/2024

FOR IMMEDIATE RELEASE

MURPHY JURY TRIAL

Burnsville, NC – Lucas Murphy was tried in 2021 for the crime of Felony Assault with a Deadly Weapon, With Intent to Kill, Inflicting Serious Injury in front of a Yancey County Jury. The alleged victim in that case was Joshua Murphy, the Defendant’s brother.

After hearing the victim’s testimony, the jury returned a verdict and found Lucas Murphy guilty of the lesser included offense of Misdemeanor Assault with a Deadly Weapon on December 1st, 2021. The Court then sentenced the Defendant to 150 days in custody, which is the maximum active sentence allowed by law.

Lucas Murphy is currently charged with three counts of Felony Assault with a Deadly Weapon, With Intent to Kill, Inflicting Serious Injury, one count of Assault with a Deadly Weapon Intent to Kill, and four counts of Assault with a Deadly Weapon on a Law Enforcement Officers. At the request of the Yancey County Sheriff and the District Attorney the North Carolina State Bureau of Investigation is leading the investigation and their work is ongoing. Mr. Murphy is presumed innocent until proven guilty in a court of law.

07/02/2024

We are excited to announce that on July 1st District Attorney Seth Banks began serving as the President of the North Carolina Conference of District Attorneys. Seth Banks is the District Attorney for Prosecutorial District 35, encompassing Avery, Madison, Mitchell, Watauga, and Yancey Counties in North Carolina. He attended North Carolina State University, where he received his Bachelor of Arts in Political Science and earned his Juris Doctorate from Wake Forest University School of Law in 2007.
He began his journey with the District Attorney's Office as an Assistant District Attorney in 2007. His commitment to excellence has earned him the reputation of being a tough but fair prosecutor highly regarded by those who have worked with him. In recognition of his extensive experience, skill, and expertise, District Attorney Seth Banks has been certified by the North Carolina State Bar as a Specialist in State Criminal Law.
His leadership roles include Chairman of the Governor’s Crime Commission Crime Victim Services Committee from 2016 to 2019, member of the Chief Justice’s Task Force on ACEs-Informed Courts, and North Carolina’s representative on the National District Attorneys Association Board of Directors since 2021. With his extensive experience and visionary leadership, we are excited about the future and the continued success of our organization. Join us in welcoming District Attorney Seth Banks to this pivotal role!

08/08/2023

Crowder Convicted of S*x Offense

Burnsville, NC – John Wesley Crowder Jr, age 51, was found guilty by a Yancey County jury of second degree forcible s*x offense and two counts of contributing to the delinquency of a minor.

In June of 2021, Crowder had two minors at his home on Prices Creek Road and provided them with alcohol. After the minors became intoxicated, Crowder performed s*xual acts on one of the minors. The incident came to the attention of authorities several months later, when a video surfaced that depicted Crowder describing the events that took place. Yancey County Sheriff’s Office investigated the matter and brought charges, and the minors were provided services by the Toe River Child Advocacy Center.

After the jury returned its verdict, Senior Resident Superior Court Judge Gary Gavenus sentenced Mr. Watts to prison for a minimum of 6 years 11 months (83 months) and a maximum of 13 years 4 months (160 months) plus an additional 90 days. Mr. Crowder was also ordered to register as a s*x offender.

“My office remains committed to holding those who would take advantage of children accountable for their actions,” District Attorney Seth Banks said in a statement. “I would like to thank Assistant District Attorney Nick Benjamin and the Yancey County Sheriff’s Office for their efforts in bringing the truth to light and in putting Mr. Crowder behind bars.”

01/13/2023

Banks Sworn in for Third Term as District Attorney

Boone, NC – On January 3rd, 2023, Seth Banks took the oath of office for his third full term as the District Attorney for Avery, Madison, Mitchell, Watauga, and Yancey Counties. Mr. Penn Dameron, Mr. Milton Fletcher, Ms. Haley Honeycutt, Mr. John Honeycutt, Mr. Jeremy Ingle, Ms. Caroline Jones, Ms. Jasmine McKinney, and Ms. Susan Red were also sworn in as Assistant District Attorneys. The oaths were administered by the Honorable Greg Horne, Resident Superior Court Judge.

“It is an honor to be entrusted with the responsibility of seeking justice for the people of Avery, Madison, Mitchell, Yancey and Watauga Counties,” District Attorney Seth Banks said in a statement. “Over the last eight years I and my staff have prioritized the prosecution of violent and habitual offenders, worked to improve communication with victims and their families, and modernized office procedures to maximize efficiencies through the utilization of technology.”

“These efforts have been undertaken with the twin goals of pursuing justice for the victims of crime and ensuring the safety of the people across the five counties that we serve. As we look to the next four years, I and my staff are committed to continuing our efforts to see that Avery, Madison, Mitchell, Watauga, and Yancey Counties continue to be great places to live, work, and raise a family.”

01/12/2023

Gibbs Sentenced to Prison for R**e

Boone, NC - On January 11th, 2023, a Watauga County jury convicted Todd Gibbs of three counts of Second Degree R**e and one count of S*x Offense – Parental Role. Between October 2, 1994 and March 25, 1995, Mr. Gibbs s*xually abused the victim on several occasions when she was 14-15 years old and a freshman in high school. At the time Mr. Gibbs had assumed a parental role in the victim’s home.

The Honorable Gary Gavenus, Senior Resident Superior Court Judge, sentenced Mr. Gibbs to four active prison sentences with a combined minimum term of 17 years and 10 months, and a combined maximum term of 24 years and 6 months.

“My office remains committed to seeking justice for victims of s*xual violence and to removing predators like Mr. Gibbs from our community,” District Attorney Seth Banks said in a statement. “It is our hope that the result in this case will bring a measure of closure for the victim and her family. I would like to thank Assistant District Attorney Jasmine McKinney for her hard work on this case. I would also like to thank the Watauga County Sheriff’s Office their efforts in seeing that Mr. Gibbs was brought to justice.”

03/09/2022

Borlase Sentenced to Life in Prison

Boone, NC – On Thursday March 3rd, 2022, Tristan Noah Borlase was sentenced to serve two life sentences in prison without the possibility of parole by the Honorable Greg Horne, Resident Superior Court Judge. The sentence was imposed after a Watauga County jury returned guilty verdicts on Wednesday March 2nd, 2022 for two counts of First Degree Murder after a two-and-a-half-week trial.

The convictions stemmed from the April 10th, 2019 murders of Jeffery David Borlase and Tanya Mae Borlase at their Deep Gap home.

“By holding Tristan Noah Borlase accountable for the heinous and senseless murders of his parents, we hope that the verdict and life sentences in this case have brought a measure of closure for the Borlase family,” District Attorney Seth Banks said in a statement. “I would like to thank the individual members of the jury for their efforts. I would also like to thank the Watauga County Sheriff’s Office, the North Carolina State Bureau of Investigations, and Assistant District Attorney Jasmine McKinney for their work in seeking justice for our community and for this family.”

10/23/2021

Rice Sentenced As Habitual Felon

Burnsville, NC - In May of 2019, Donia Rice was charged with Larceny from Price’s Creek General Store. When the District Attorney’s Office reviewed the case, the charges were upgraded to Felony Habitual Larceny and Habitual Felon because of Ms. Rice’s prior criminal record. Ms. Rice had 15 prior convictions for larceny and 24 prior felony convictions.

On Easter Weekend of 2021, Ms. Rice put on plastic gloves and broke into the Yancey County Courthouse in the middle of the night. Once inside the Courthouse, Ms. Rice broke into the District Attorney’s Office and stole her case file. Ms. Rice was then charged with two counts of Felony Breaking or Entering, Felony Larceny after Breaking or Entering, Felony Obstruction of Justice, and an additional charge of Habitual Felon. Ms. Rice also contacted witnesses while her case was pending in an effort to dissuade them from testifying against her at trial. As a result, Ms. Rice was also charged with Felony Intimidation of a Witness.

Ms. Rice was convicted of all 8 felonies on October 13, 2021. Senior Resident Superior Court Judge Gary Gavenus sentenced Ms. Rice to prison for a minimum 21 years and 4 months (256 months) and a maximum of 26 years and 8 months (320 months).

“My office remains committed to the identification and prosecution of habitual offenders,” District Attorney Seth Banks said in a statement. “I would like to thank Assistant District Attorney Milton Fletcher, the Executive Director of the North Carolina Conference of District Attorneys, Kimberly Spahos, the Yancey County Sheriff’s Office, and the Mars Hill Police Department, for their efforts in prosecuting those who continually terrorize our community through the commission of crime.”

09/29/2021

Greer Sentenced for S*x Offenses with Child

Boone, NC- On September 28th, 2021, after a trial that played out over the course of six days, a Watauga County jury convicted Steven Lynn Greer of First Degree S*xual Offense. Between January 1st, 2009 and September 20th, 2011, Mr. Greer s*xually abused the victim on more than one occasion when she was between 5 and 8 years old. Mr. Greer was friends with the victim’s father and would come over to visit with her father and would also babysit the victim. In 2019 the victim came forward and told her story to authorities. Mr. Greer has previously been convicted of two prior s*xual offenses against children, the first in 1994 and another in 2013.

The Honorable Judge Greg Horne, Resident Superior Court Judge, sentenced Mr. Greer to an active sentence of a minimum of 30 years to a maximum of 36 years in prison.

“My office will continue to work to seek justice for those who have suffered at the hands of predators like Steven Lynn Greer,” District Attorney Seth Banks said in a statement. “I would like to thank Assistant District Attorneys Jasmine McKinney and Kimberly Robb for their work in prosecuting this case. I would also like to thank and the Watauga County Sheriff’s Office for their efforts over the course of this investigation.”

07/20/2021

Congratulations to Cumberland County District Attorney Billy West who was sworn in yesterday as the new President of the National District Attorneys Association (NDAA). District Attorney Seth Banks was honored to be named to the NDAA Board of Directors and will serve on President West's Executive Committee during his term in office.

The NDAA, founded in 1950, is the largest association of prosecutors in the country with over 5,000 members. NDAA's mission is to be the voice of America’s prosecutors and to support their efforts to protect the rights and safety of the people by providing its members with the knowledge, skills, and support they need to ensure justice is attained.

01/10/2021

The District Attorney's Office appreciates all of our law enforcement partners and their service to our community. We value you and your work today and every day.

Address

110 Town Square
Burnsville, NC
28714

Opening Hours

Monday	8am - 5pm
Tuesday	8am - 5pm
Wednesday	8am - 5pm
Thursday	8am - 5pm
Friday	8am - 5pm

Telephone

+18282686610

Website

http://www.ncdistrictattorney.org/24/home.html

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