NEW HANOVER COUNTY — A sergeant with the local sheriff’s office has been indicted on assault charges and resigned from his post last week.
READ MORE: Fired deputy at center of armed encounter in Pender County seeks NHCSO reemployment
Former New Hanover County Sheriff’s Office Sgt. Wesley John Baxley is being charged with one count of assault on an individual with a disability, a Class A1 misdemeanor, the most severe of its class. According to North Carolina general statutes, a guilty charge could result in a maximum penalty of 150 days in jail and a discretionary fine.
A complaint was filed with the NHCSO July 15 by a man in his 50s alleging the officer assaulted him downtown in the 100 block of South Second Street, between Market and Princess streets, according to NHCSO Lt. Jerry Brewer. He also said the victim, who allegedly was drunk during the encounter, was not injured.
Brewer said Baxley was not responding to a call at the time, so there is no police report of the incident. The incident occurred June 11 where Baxley allegedly grabbed a man, who has disabilities, by the arm and pushed him, according to court documents.
On July 19, the District Attorney and the NHCSO requested the North Carolina State Bureau of Investigation take over the case. SBI spokesperson Angie Grube said the timeline for the investigation to conclude is unclear.
“It’s difficult to provide a timeline for any investigation as there are just too many variables that differ from one investigation to the next,” she wrote to Port City Daily.
Baxley, 40, resigned Aug. 27 after serving with the sheriff’s office since May 5, 2005. There was an internal investigation underway based on the assault complaint prior to Baxley leaving his position, Brewer confirmed.
Indicted by a grand jury in New Hanover County on Aug. 28, Baxley was arrested the following day and released on a $2,000 unsecured bond on the same day.
Criminal defense attorney Barry Henline was retained Sept. 5 to represent Baxley in the case. Henline did not respond to Port City Daily’s inquiry by press.
Baxley was part of the joint Wilmington Police Department NHCSO Downtown Task Force and was promoted to sergeant in August 2019. His most recent salary was reported by NHCSO as $68,857.
When asked if Baxley could be considered for rehire if found not guilty, Lt. Brewer said the sheriff’s office would need to review all the relevant information once the case is closed.
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