Ex-Henderson County deputy charged with felony assault makes 1st court appearance

HENDERSONVILLE - Former Henderson County Sheriff's deputy Joshua Rankin, who is charged with shooting a 25-year-old man with autism while off duty Feb. 23, appeared in Henderson County District Court Feb. 26 with his hired private attorney, Douglas Pearson.

Before he read Rankin his rights, District Court Judge Abe Hudson informed Rankin that his charge of felony assault with a deadly weapon inflicting serious bodily injury carries a maximum sentence of 88 months in prison. In court, Rankin waived his right to a court-appointed attorney after hiring Pearson.

Pearson asked the judge to grant a general appearance waiver of 15 days, so there is time to process interviews, witnesses and evidence, he said. Hudson granted the waiver. Rankin's new court date is April 9.

Police say Rankin — who was fired by Sheriff Lowell Griffin Feb. 23 — shot two rounds at Matthew Browning using his personal firearm, hitting Browning in his right arm as he stood by Rankin's parked patrol car just before sunrise Feb. 23. Both individuals live in the Brittany Place Apartments off U.S. 64 East in Hendersonville where the shooting occurred.

Previous reporting: SBI: Henderson County sheriff deputy arrested, charged with felony in off-duty shooting

Browning's grandmother, Theresa Browning, who was present in court Feb. 26, asked to address the room. Pearson asked the judge if there was procedurally a need for the grandmother to address the court at this point of the case. Hudson allowed her to speak.

"Everybody in our family, we are really just distraught over the whole thing," Browning said. "Matthew is autistic, he's at the low end of the spectrum. ... I just wanted to let you know that we are pretty upset over this situation of what happened to him. He is not doing very well after this. He can't handle this due to his autism."

Addressing Hudson, Browning said they are leaving it up to the judge on what the justice system needs to do to get justice for her grandson.

Mandy Moll, Matthew Browning's mother, told the Citizen Times Feb. 24 that her son is on the low-functioning end of the autism spectrum and is verbal but uses very repetitive speech. She said she left at about 6:30 a.m. to take her younger daughter to school and shortly after, her husband called to tell her to quickly come back home.

Mother of autistic son shot by deputy: Hendersonville shooting victim's parents: Ex-deputy shot at son from 3rd floor balcony

"(Rankin) was standing on his third-floor balcony and he was shooting at my son," Moll said she was told by eyewitnesses.

Moll said her son sometimes has "outbursts" or "episodes" in which he bangs his head on objects.

She said her son was taken to Pardee Hospital in Hendersonville, treated for non-life-threatening injuries and returned home to Brittany Place the same day.

Moll said Rankin lives on the third floor of the building across from hers, but his patrol car was parked next to her building, so she said that it appeared he was shooting across the parking lot.

Hendersonville police responded to the 911 calls of gunshots at 80 Brittany Estates Circle at 7:09 a.m. Feb. 23, and determined an off-duty sheriff’s deputy fired at a person who was standing beside a parked patrol car, according to previous Times-News reporting.

Initial reporting: SBI: Henderson County sheriff deputy arrested, charged with felony in off-duty shooting

That morning, six people called 911 to report shots fired, according to 911 recordings obtained by the Citizen Times and Hendersonville Times-News on Feb. 24, including Rankin and his wife.

The caller believed to be Rankin told the operator someone was trying to break into his patrol car and that he fired shots. When asked if anyone was hurt he replied, "No."

The next caller identified herself as Rankin's wife, telling the operator someone was trying to break into his patrol car. Following the shooting, Henderson County Sheriff Lowell Griffin announced on Facebook that Rankin had been fired from the sheriff's office.

Later in the day, the SBI charged Rankin with felony assault with a deadly weapon inflicting serious bodily injury, according to a Feb. 23 news statement from the city of Hendersonville. The Hendersonville Police Department served the warrant and took Rankin into custody. He was released on a $20,000 bond.

Henderson County District Attorney Andrew Murray told the Citizen Times Feb. 26 that since the incident happened within the city of Hendersonville, the police department called SBI regarding the officer-involved shooting. The SBI then immediately called Murray since his office technically has the authority to get the SBI involved, he said. The district attorney then confirmed the SBI should take over the case.

Murray said he cannot comment whether any additional charges may be forthcoming since it is still an active investigation. When asked if Rankin was tested for drugs or alcohol after the shooting, Murray said he couldn't comment since it is still early in the investigation.

More: Partial bodycam footage of Henderson County deputy fatal foster dog shooting released

This story will be updated.

Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober

This article originally appeared on Asheville Citizen Times: Ex-Henderson deputy charged with felony assault appears in court