Petition Filed to Remove District Attorney Over Delayed Assault Case

A petition filed Monday in Rutherford Superior Court requests the removal of District Attorney Ted Bell, citing delays and alleged mismanagement in a criminal case involving an alleged assault on a former Word of Faith Fellowship (WOFF) member. The petition, Fenner v. Bell (25CV002660-800), was filed by victim Matthew Fenner and invokes N.C. Gen. Stat. § 7A-66, which allows removal of a district attorney for misconduct, failure to perform duties, or conduct prejudicial to the administration of justice.

Background of the Case

Fenner alleges he was assaulted in January 2013 by WOFF members during a practice known as “blasting,” which involves physical force intended to remove so-called “demons.” Charges were initially filed over 11 years ago, but the first trial ended in a 2017 mistrial after a jury foreman brought unauthorized documents into deliberations. Judge Gary Gavenus issued a gag order prohibiting public discussion by witnesses, attorneys, and jurors. At the time, the Associated Press and Charlotte Observer filed motions seeking access to documents and a lift of the gag order, describing it as a restriction on public discussion.

Fenner’s filing states that a retrial was not scheduled for eight years, and he alleges that during that time, Bell did not communicate regularly with him or pursue leads and evidence he identified, the records allege.

Alleged Disparities in Trial Scheduling

According to Fenner, Bell granted multiple continuances over the years for WOFF defendants for vacations, travel, medical issues, and religious observances. Fenner claims that when he requested a change to accommodate a December 11, 2025, medical residency interview, Bell did not adjust the trial date or offer alternatives.

The retrial is currently scheduled during the primary election period. Fenner’s petition cites this timing as creating a potential appearance of conflict.

Court Records

Records from Rutherford Superior Court Case No. 15CR000155-800 show that Brooke McFadden Covington, faced charges of second-degree kidnapping and simple assault related to the 2013 assault. The case was repeatedly continued from 2019 through 2022 and was ultimately transferred to Buncombe County in 2021. Records show subpoenas were issued on Dec. 1, 2025.

Legal Framework

Under N.C. Gen. Stat. § 7A-66, a district attorney may be removed by a judge for:

• Willful misconduct in office

• Failure to perform statutory duties

• Conduct prejudicial to the administration of justice

The petition requests either Bell’s removal from office or, alternatively, his disqualification from the case and appointment of an independent prosecutor.

Next Steps

Proceedings under the state law are rare, and the case could have implications for how long-delayed prosecutions are handled in the state. D.A. Bell has not issued a public statement regarding the petition.