Exclusive: Judge Orders January Hearing on Rutherford County DA Case

A court order released late on December 30 clearly sets the next steps in the effort to remove Rutherford County District Attorney Ted Bell from office.

Special Superior Court Judge William Stetzer ruled that a hearing must be held to decide whether there was an improper delay in prosecuting cases involving an alleged 2013 assault of Matthew Fenner. Court filings suggest there may be video of the incident. A hearing is scheduled for the January 26, 2026, term of Rutherford County Superior Court. Stetzer previously served as Acting U.S. Attorney for the Western District of North Carolina.

The judge also appointed an independent attorney to gather and present evidence. The court stressed it is not deciding whether the allegations are true, only that they are serious enough to require a hearing under state law.

The order came after Bell’s attorney, Sean Devereaux, filed a lengthy response denying misconduct. In that filing, the defense tied the removal effort to politics and rejected claims that community influence played any role. Devereaux described allegations about an organized voting bloc connected to the Word of Faith Fellowship as “speculative,” arguing that even if such a group existed, a roughly 700-member voting bloc did not matter and was effectively “irrelevant” to local election outcomes.

That language has drawn attention because Rutherford County is a small community where elections are often decided by narrow margins.

Bell’s defense filing says delays in the Fenner-related cases were caused by factors outside the district attorney’s control, including actions by prior prosecutors, multiple defense attorney changes, COVID-19 court shutdowns, federal investigations, and scheduling conflicts. The filing denies that Bell mismanaged the prosecutions or favored defendants.

Court filings (Case No. 15CR000155-800) detail repeated motions and orders to continue the trial from 2019 through 2022. The case, involving Brooke Covington’s alleged second-degree kidnapping and simple assault, was ultimately transferred to Buncombe County in 2021. Records show Bell’s office did not issue subpoenas until Dec. 1, 2025.

In his order, Judge Stetzer dismissed other allegations in the removal petition, saying they would not justify removing the district attorney even if proven. Only the alleged delay in prosecution will be examined at the January hearing.

For now, the case moves out of written legal arguments and into open court, where evidence will be presented and reviewed. The outcome could determine whether District Attorney Bell stays in office.

Bell denied the allegations in a statement earlier this month. Fenner's attorney, Andrew LaBreche, issued a statement late yesterday. "...I filed a petition with the Court on behalf of my client, Matthew Fenner, seeking the removal of District Attorney Ted Bell from office. The petition concerns District Attorney Bell’s mishandling of the prosecution of several leaders of the Word of Faith Fellowship...This issue goes to the heart of public trust in the justice system. My client has never asked for special treatment. He has asked only for a level and fair playing field — one where justice is blind, prosecutorial decisions are free from conflict, and alleged victims are not disparaged or attacked by the very officials charged with enforcing the law. At this point, my role is complete. The investigation and presentation of evidence will be handled by independent counsel under the supervision of the Court. I have confidence in that process and in the Court’s decision to appoint independent counsel to examine this matter."

Both Bell and LaBreche are running for office in the 2026 primary election. Bell faces challenger David Norris. LaBreche faces incumbent District Court Judge Robert Martelle.