Madison County man sentenced in 2021 crossbow killing of teenager Cody Garrett

Richard Towe, pictured here on Dec. 14 in Madison County Superior Court, pleaded guilty to second-degree murder and was sentenced to a maximum of 31 years in state prison in the homicide of 19-year-old Marshall resident Cody Garrett.
Richard Towe, pictured here on Dec. 14 in Madison County Superior Court, pleaded guilty to second-degree murder and was sentenced to a maximum of 31 years in state prison in the homicide of 19-year-old Marshall resident Cody Garrett.

MARSHALL - More than two years after the murder of their 19-year-old son, brother, grandchild, nephew in a September 2021 shooting with a crossbow, the family of Cody Jonathan Garrett received some sense of closure.

Richard Eugene Towe, 53, of Marshall, pleaded guilty Dec. 14 to second-degree murder for the crossbow shooting that left his then-girlfriend's nephew dead and was sentenced to a minimum of 25 years.

The sentence carries a maximum term of 31 years.

The sentence was issued at the temporary Madison County Courthouse at North Carolina Cooperative Extension by 24th Judicial District Judge Ted McEntire.

The homicide occurred Sept. 22, 2021 along Upper Brush Creek Road near Madison Middle School at the home of Garrett's aunt, Michelle Lee Garrett.

In the Madison County Courthouse Dec. 14, Michelle Lee Garrett, 53, of 937 Upper Brush Creek Road, said she feels a sense of guilt about the situation, as she felt the arrow used to kill her nephew was intended for her.

According to Assistant District Attorney John Honeycutt, Michelle Garrett made the 911 call to the Madison County Sheriff's Office on the day of the shooting.

Daniel Lee Garrett is Cody Garrett's grandfather, and along with Cody Garrett's father, Scotty, and two of his aunts, Gail Garrett Chandler and Michelle Garrett, was one of four family members to address Towe and the courtroom.

Daniel Garrett spoke with The News-Record & Sentinel nearly three months after his grandson's homicide. Less than two months after Cody Garrett's death, on Nov. 16, 2021, Garrett's wife Clementine Garrett died from COVID complications made worse by a MRSA infection, according to Garrett. The couple raised their grandson Cody from the age of 2, as well as his brother Dawson.

"I've hurt. He's hurt my whole family," Daniel Garrett said. "I know, Richard, this will take me all my life. You've done something to me that is unreal. But anyhow, through the Lord, I'll go through it."

McEntire thanked Daniel Garrett for his remarks.

"My condolences to you and the whole family," McEntire said.

From left, Cody Garrett's father, Scotty Jonathan Garrett, grandfather, Danny Garrett, and aunt, Michelle Garrett, pose Dec. 14 at the temporary Madison County Courthouse.
From left, Cody Garrett's father, Scotty Jonathan Garrett, grandfather, Danny Garrett, and aunt, Michelle Garrett, pose Dec. 14 at the temporary Madison County Courthouse.

Gail Garrett Chandler, Cody Garrett's aunt, also spoke to Towe and the courtroom.

"I've had years to think about this, and I think about my 19-year-old nephew going to that door," Garrett Chandler said. "See, my family doesn't want memories. We want Cody. We know we can't have him back. See, my family has to go to the gravesite to have memories.

"He had that crossbow cocked and ready. I think I know where his heart was at. I think it doesn't matter who went through that door. That's what would've happened."

Aunt: 'Arrow was meant for me'

In Michelle Garrett's view, the crossbow bolt that fired into Cody Garrett's abdomen and killed him was meant for her.

"We are all still grieving the loss of Cody. Richard's actions have torn my family apart," Michelle Garrett said. "My mother, Cody's grandmother, was so heartbroken she only lived for three weeks after Cody died. My mother stated every day after he passed that she wanted to give up and go on and be with Cody. She didn't take care of herself and ended up in the hospital and contracted COVID and died.

"My family has been traumatized by Richard's actions. I haven't been able to stay at my house since that day. My mental and physical health has suffered since Richard killed my nephew. My depression has gotten so bad since the guilt and grieving. I say 'guilt' because I believe the arrow he used to kill Cody was for me."

In December 2021, Daniel Garrett told The News-Record Cody Garrett was staying with his aunt Michelle Garrett and Towe at their Upper Brush Creek Road. According to what Daniel Garrett told The News-Record in December 2021, on the day of the shooting, Cody Garrett and Michelle Garrett were walking back to the residence and went to open the front door, but the door was locked.

Daniel Garrett told The News-Record Michelle Garrett told her nephew she had a key to open the door, and as soon as they went to make entry into the doorway, Towe opened the front door and shot Cody Garrett.

Honeycutt confirmed the grandfather's story in court.

"Officers learned that Mr. Garrett and Mrs. Parris had arrived at the residence in her car, had gone to the front door area of Mr. Towe's residence, and when he opened the door he was holding a crossbow bolt and he discharged a crossbow bolt into Mr. Garrett's abdomen," Honeycutt said.

Cody Garrett's aunt told The News-Record she wished to be referred to as "Michelle Lee Garrett," though her legal name is Michelle Garrett Parris.

According to Daniel Garrett, Michelle Garrett placed a pillow at her nephew's head, and later called her mother, Clementine.

"It was Clemmy who saw Cody draw his last breath," Daniel Garrett said in December 2021.

Michelle Garrett went on to add that Cody Garrett was always kind to Towe.

"Cody was such a gentle soul and was so kind to everybody," Michelle Garrett said. "He was so good to Richard. He would help him when nobody else would, and tried to be his friend. Richard not only ruined his whole life, but also his whole family's lives and took Cody's life. I will never be able to forget the devastation that he caused me and my family."

Scotty Garrett, Cody Garrett's father, donned a cross necklace with his son's name engraved on the cross during the court appearance of Richard Towe, who plead guilty to second-degree murder in Cody Garrett's homicide.
Scotty Garrett, Cody Garrett's father, donned a cross necklace with his son's name engraved on the cross during the court appearance of Richard Towe, who plead guilty to second-degree murder in Cody Garrett's homicide.

Scotty Garrett, Cody Garrett's father, was the last family member to address Towe and the courtroom, donning a necklace with "Cody" engraved on a cross.

"I woke up to this. It's really tore me up. I was teaching my son about Jesus," Scotty Garrett said. "I'm going to tell you, Richard, if it was my choice, you'd have gone to trial, and you would not make it. I'd prefer something else, but I'm going to keep my mouth shut on that.

"I've got to have an open mind and a forgiving heart, because that's what God would have me to do. But he'll answer to God one day."

Towe was represented by Asheville-based attorney James Rice.

"Your honor, this is an unfortunate situation in many ways, and Richard Towe will be giving a substantial portion of his life as well," Rice said. "Sorry for the family. Sorry for the way this turned out, but I hope you'll accept this negotiating plea."

Prior to issuing the sentence, McEntire asked Towe if he had any last comments for the family.

"I'm sorry for what happened," Towe said. "I slammed the bow in the door, and it went off. I really, truly didn't mean to do it. But I am sorry."

Richard Towe, pictured here in Madison County Superior Court Dec. 14, pleaded guilty to second-degree murder in the Sept. 22, 2021 homicide of 19-year-old Marshall resident Cody Garrett and was sentenced to a minimum of 25 years in prison.
Richard Towe, pictured here in Madison County Superior Court Dec. 14, pleaded guilty to second-degree murder in the Sept. 22, 2021 homicide of 19-year-old Marshall resident Cody Garrett and was sentenced to a minimum of 25 years in prison.

Fair sentence?

According to Rice, Towe has 831 days of pretrial credit since his arrest.

"Members of the family, as you heard this is an agreed upon sentence," McEntire said. "My extreme condolences to you. Nothing will replace your family member's life. Hopefully this will give you some closure though, and move on with your lives, and understand that Mr. Towe is being sentenced to a very significant amount of time in prison ― not less than 300 and no more than 372 months in the Department of Corrections.

Daniel Garrett, left, speaks with Assistant District Attorney John Honeycutt in the Madison County temporary courthouse Dec. 14.
Daniel Garrett, left, speaks with Assistant District Attorney John Honeycutt in the Madison County temporary courthouse Dec. 14.

Following the sentencing, Daniel Garrett told The News-Record he and his family felt the sentence was fair.

"Yes, I think it was fair, because that will put him way up there at 80-something years old," Daniel Garrett said.

Still, the pain of losing his grandson negates any concept of fairness, Daniel Garrett said.

"You know, nothing is fair about something like that, really, because he took a life," Daniel Garrett said. "But, he's going to have to spend 25 years of no Christmas, no nothing. It's going to be tough on him. He's going to be old when he gets out, if he gets out."

Daniel Garrett said there is some sense of closure in hearing the news of Towe's sentence, but again, the memories of time spent with his now-deceased family members are far more important than any justice issued in Towe's conviction.

"When you lose a grandbaby, and you lose a wife two months later, that's a bad leaf," Garrett said. "Oh, I'll never forget it. No, no. I don't expect to ever forget it, because they were in my heart, and it will always come to me what we'd done together ‒ how I helped Cody, Cody helped me, my wife helped me and I helped her. We were together 54 years. You can't forget about that. No matter what.

"If you raise a boy from 1-year-old up to 19, you're not going to forget that, really. You can't. You won't. It'll come back to your mind."

Johnny Casey has covered Madison County for The Citizen Times and The News-Record & Sentinel for nearly three years, including earning a first-place award in beat reporting in the 2023 North Carolina Press Association awards. He can be reached at 828-210-6071 or jcasey@citizentimes.com.

This article originally appeared on Asheville Citizen Times: Madison County NC man gets 25 years in crossbow killing of teenager