No charges for deputy involved in gunfight in downtown Asheville jail: Buncombe DA

ASHEVILLE – No criminal charges will be filed against a Buncombe County Sheriff's deputy who wounded a man during a May gunfight in the lobby of the county jail.

In a July 28 news release, District Attorney Todd Williams said after reviewing bodycam and surveillance video capturing the incident, he found “Deputy Johnston was legally justified to use deadly force to defend himself against the use of deadly physical force per NCGS 15A-401(d)(2)(a).”

“No criminal charges will be filed against Deputy Johnston and the NC State Bureau of Investigation may close this investigation. Per the N.C. Rules of Professional Conduct for Lawyers, no additional public comment by prosecutors is appropriate at this time,” Williams added.

At about 1:40 a.m. May 7, Buncombe Sheriff’s Deputy William Johnston approached to arrest Ryan Ricky Houston, 40, who had walked into the Buncombe County Detention Facility on Davidson Drive moments before. Houston then allegedly resisted arrest, pulling out a firearm and shooting Johnston in the shoulder, according to a Sheriff’s Office news release. Johnston returned fire, striking and injuring Houston, who stayed in the hospital for more than two weeks before being transferred to jail.

Johnston was placed on administrative leave while recovering from a bullet wound to the shoulder, as last reported in May by sheriff’s spokesperson Aaron Sarver. Spokesperson Christina Esmay told the Citizen Times July 29 that she does not know if Johnston has returned to duty but will provide an update shortly.

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Houston was arrested May 10 and charged with attempted first-degree murder and assault on a law enforcement officer with a firearm. He is currently being held in the county jail on a $1.6 million bond. Houston was indicted for these charges June 5, which have been heard in Superior Court. Houston was also charged with multiple other offenses, which have now been taken out of District Court following the July 19 hearing, including:

• Assault causing serious bodily injury

• Two counts of communicating threats

• Breaking and entering to terrorize or injure

• Injury to personal property

• Possessing stolen firearm

• Breaking and entering, and larceny after breaking and entering

• Larceny of a firearm

• Three counts of misdemeanor child abuse

Houston's next court date will be in superior court July 31.

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Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. News tips? Email Ryley at rober@gannett.com. Please support local, daily journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Asheville jail gunfight: No charges for Buncombe deputy involved