Deputy in Fletcher Elementary incident no longer SRO for Henderson County Public Schools

FLETCHER - A school resource officer who reportedly struck and pinned down a student with his knee is no longer working at Henderson County Public Schools.

But it is not clear if Alan Brackett has faced any disciplinary action.

"He is no longer a Henderson County Public School SRO," schools spokesperson Kimbrell Arrowood said of Brackett in an email Sept. 26.

"On Friday, September 23, 2022, Henderson County Public Schools was informed that District Attorney Andrew Murray made a decision to not file charges against a former School Resource Officer, Alan Brackett," another Sept. 26 statement from Arrowood said. "The DA reviewed the case after the NCSBI concluded its investigation. HCPS followed district protocol when alerted about the incident on May 09, 2022, and cooperated with the investigation. Our mission is to ensure a safe learning and working environment for all students and staff."

On May 9, Brackett pinned down a fifth-grader with his knee, restricting the child's breathing, and later "struck" them in the face, according to a message from then-Superintendent John Bryant to the school board. The Citizen Times obtained the message through a public records request for Henderson County Sheriff Lowell Griffin's emails. Griffin shared the message with a handful of his own employees that day.

Read this:Emails: Fletcher SRO 'struck', pinned down fifth-grader; DA now reviewing case

Henderson County DA: Cop's force against 5th-grader was 'not excessive'; no charges

Bryant, who now works at Pardee UNC Health Care, declined to comment for this story.

The Sheriff's Office has repeatedly declined to discuss the Brackett incident. On Sept. 23, spokesperson Johnny Duncan did not respond to a question asking whether Brackett would be disciplined or if he would return to work as an SRO.

"The District Attorney has made his decision regarding any potential criminal process known," part of a news release from the Sheriff's Office that day said. "This office cannot comment on any personnel actions other than those allowed by North Carolina and Federal Law."

"As this investigation is now formally closed, there will be no further comment from the Henderson County Sheriff’s Office," Duncan concluded.

The Citizen Times requested an updated copy of Brackett's personnel record on Sept 26. That request has not yet been fulfilled.

Similarly, Henderson County District Attorney Andrew Murray declined to discuss his reasoning for not charging Brackett on Sept. 23.

Murray, who was named by Gov. Roy Cooper to replace disgraced District Attorney Greg Newman when he was removed from office in April 2021 for "willful misconduct in office” and “conduct prejudicial to the administration of justice which brings the office into disrepute,” makes decisions on whether to file charges against law enforcement officers accused of crimes and investigated by the SBI.

Murray declined to bring charges in August against the adult stepbrother of 3-year-old Aylee Gordon after an SBI report claimed the toddler shot herself on Christmas Day 2021 with the stepbrother's unsecured firearm. The father of both is Tim Gordon, a retired patrol sergeant with the Henderson County Sheriff's Office. While Murray released multiple pages of the SBI's investigation into Aylee Gordon's death, he declined to do so in the Brackett investigation.

In May, Murray also declined to bring charges against two men, James Barber and Christopher Shields Jr., in the shooting death of 18-year-old Rachel Buchanan, after they claimed they mistook her for a black panther rumored to be in the area.

In other news:3-year-old girl killed with stepbrother’s gun; Henderson DA says he won’t file charges

Previously:In choice whether to prosecute police for deaths, NC system gives officers advantages

He will make the decision on whether to charge Fletcher police officers and Henderson County Sheriff's deputies in the death of Christopher Hensley, 35, who died after a "fight" June 15 with at least seven law enforcement officers who were called to his apartment for a domestic disturbance.

Murray, whose son was a Cornelius police officer who died off duty from a medical event, will start a four-year term Jan. 1 following a May Republican primary win. There was no Democratic candidate.

Murray, who served as DA of Mecklenburg County from 2011 to 2017, estimated he dealt with more than 10 instances in which officers shot and killed someone, including the 2016 death of Keith Lamont Scott, which led to widespread protests. Murray brought charges in none of those instances.

Ryan Oehrli is the breaking news and social justice reporter for the Asheville Citizen Times. Send tips to coehrli@citizentimes.com. 

This article originally appeared on Asheville Citizen Times: SRO in Fletcher incident no longer working at Henderson schools