Detention Officer Shot With Own Gun by Inmate Awaiting Federal Sentencing

Topline: Authorities say the inmate overpowered two officers during a medical visit, fatally shooting one before fleeing in a stolen vehicle.
Published: July 9, 2025 8:30 am ET
Kelvin Simmons, left, and Francisco Flattes (via Buncombe County Sheriff's Office/Cherokee County Sheriff's Office)
Kelvin Simmons, left, and Francisco Flattes (via Buncombe County Sheriff's Office/Cherokee County Sheriff's Office)

PEACHTREE, NC — A routine medical transport turned deadly in Cherokee County, North Carolina, after a federal inmate overpowered two detention officers, fatally shooting one before fleeing in a stolen vehicle.

The inmate, 48-year-old Kelvin Simmons, was captured later the same day following a multi-county pursuit and standoff.

According to a news release from the Cherokee County Sheriff’s Office, Simmons had been taken to an orthopedic clinic in Peachtree on Monday, June 30, for medical treatment by Detention Officers Francisco Flattes and George Fienauer. At some point during the visit, Simmons managed to seize one of the officers’ firearms. Authorities say he shot Officer Flattes before escaping into the clinic parking lot, where he hijacked a vehicle that had just arrived.

Simmons, a federal inmate with a long criminal history, then led law enforcement on a chase that spanned three counties. He was spotted in neighboring Clay County, prompting a pursuit involving the North Carolina Highway Patrol and sheriff’s offices from Cherokee, Clay, and Macon counties. The chase came to an end in Macon County after Captain David Williams of the Cherokee County Sheriff’s Office disabled Simmons’ vehicle. He was taken into custody following a brief standoff, the sheriff’s office said.

Flattes was killed in the line of duty. Cherokee County Sheriff Dustin Smith described the day as the hardest of his career. “We are all mourning the loss of Francisco and doing everything we can to support each other and the family and loved ones of Officer Flattes,” he said in a statement. Flattes is survived by his wife, who also works for the department, along with children, grandchildren, and a son-in-law who serves as a deputy.

Officer Fienauer, who also sustained injuries during the altercation, is recovering.

Simmons was back in court the following day. During a brief appearance on Tuesday, July 1, a judge ordered he be held without bond, according to reporting by WLOS.

He now faces a charge of first-degree murder, with additional charges likely forthcoming.

Court records and corrections documents reviewed by WLOS show that Simmons’ criminal record stretches back to 2004, including past convictions for breaking and entering, attempted robbery with a dangerous weapon, kidnapping, burglary, and larceny. He served multiple prison terms and was most recently incarcerated at the Mountain View Correctional Institution until his release in 2022.

At the time of Monday’s escape and shooting, Simmons was in the custody of the Cherokee County jail, where he was being held on federal charges after pleading guilty to a string of bank robberies across North Carolina, including one in Hendersonville. He had also entered a guilty plea for carjacking and was awaiting sentencing in federal court.

Former prosecutor and Asheville-based attorney Doug Edwards told WLOS that delays in sentencing for federal inmates like Simmons are not unusual. “After a pre-sentence report is prepared and provided, both parties—the government and the defendant—have the opportunity to file objections… A final report is then produced to the court,” Edwards said. He added that the process can take months or even years, and that Simmons may have acted out of fear of the lengthy sentence he likely faced.

Simmons had previously attempted to escape custody in October 2024, according to the sheriff’s office.

Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.

Detention Officer Shot With Own Gun by Inmate Awaiting Federal Sentencing

Authorities say the inmate overpowered two officers during a medical visit, fatally shooting one before fleeing in a stolen vehicle.
By Jacob Charles
Published: July 9, 2025 8:30 am ET
Image
Kelvin Simmons, left, and Francisco Flattes (via Buncombe County Sheriff's Office/Cherokee County Sheriff's Office)

PEACHTREE, NC — A routine medical transport turned deadly in Cherokee County, North Carolina, after a federal inmate overpowered two detention officers, fatally shooting one before fleeing in a stolen vehicle.

The inmate, 48-year-old Kelvin Simmons, was captured later the same day following a multi-county pursuit and standoff.

According to a news release from the Cherokee County Sheriff’s Office, Simmons had been taken to an orthopedic clinic in Peachtree on Monday, June 30, for medical treatment by Detention Officers Francisco Flattes and George Fienauer. At some point during the visit, Simmons managed to seize one of the officers’ firearms. Authorities say he shot Officer Flattes before escaping into the clinic parking lot, where he hijacked a vehicle that had just arrived.

Simmons, a federal inmate with a long criminal history, then led law enforcement on a chase that spanned three counties. He was spotted in neighboring Clay County, prompting a pursuit involving the North Carolina Highway Patrol and sheriff’s offices from Cherokee, Clay, and Macon counties. The chase came to an end in Macon County after Captain David Williams of the Cherokee County Sheriff’s Office disabled Simmons’ vehicle. He was taken into custody following a brief standoff, the sheriff’s office said.

Flattes was killed in the line of duty. Cherokee County Sheriff Dustin Smith described the day as the hardest of his career. “We are all mourning the loss of Francisco and doing everything we can to support each other and the family and loved ones of Officer Flattes,” he said in a statement. Flattes is survived by his wife, who also works for the department, along with children, grandchildren, and a son-in-law who serves as a deputy.

Officer Fienauer, who also sustained injuries during the altercation, is recovering.

Simmons was back in court the following day. During a brief appearance on Tuesday, July 1, a judge ordered he be held without bond, according to reporting by WLOS.

He now faces a charge of first-degree murder, with additional charges likely forthcoming.

Court records and corrections documents reviewed by WLOS show that Simmons’ criminal record stretches back to 2004, including past convictions for breaking and entering, attempted robbery with a dangerous weapon, kidnapping, burglary, and larceny. He served multiple prison terms and was most recently incarcerated at the Mountain View Correctional Institution until his release in 2022.

At the time of Monday’s escape and shooting, Simmons was in the custody of the Cherokee County jail, where he was being held on federal charges after pleading guilty to a string of bank robberies across North Carolina, including one in Hendersonville. He had also entered a guilty plea for carjacking and was awaiting sentencing in federal court.

Former prosecutor and Asheville-based attorney Doug Edwards told WLOS that delays in sentencing for federal inmates like Simmons are not unusual. “After a pre-sentence report is prepared and provided, both parties—the government and the defendant—have the opportunity to file objections… A final report is then produced to the court,” Edwards said. He added that the process can take months or even years, and that Simmons may have acted out of fear of the lengthy sentence he likely faced.

Simmons had previously attempted to escape custody in October 2024, according to the sheriff’s office.

Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.

Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.

Detention Officer Shot With Own Gun by Inmate Awaiting Federal Sentencing

Authorities say the inmate overpowered two officers during a medical visit, fatally shooting one before fleeing in a stolen vehicle.
By Jacob Charles
Published: July 9, 2025 8:30 am ET
Image
Kelvin Simmons, left, and Francisco Flattes (via Buncombe County Sheriff's Office/Cherokee County Sheriff's Office)

PEACHTREE, NC — A routine medical transport turned deadly in Cherokee County, North Carolina, after a federal inmate overpowered two detention officers, fatally shooting one before fleeing in a stolen vehicle.

The inmate, 48-year-old Kelvin Simmons, was captured later the same day following a multi-county pursuit and standoff.

According to a news release from the Cherokee County Sheriff’s Office, Simmons had been taken to an orthopedic clinic in Peachtree on Monday, June 30, for medical treatment by Detention Officers Francisco Flattes and George Fienauer. At some point during the visit, Simmons managed to seize one of the officers’ firearms. Authorities say he shot Officer Flattes before escaping into the clinic parking lot, where he hijacked a vehicle that had just arrived.

Simmons, a federal inmate with a long criminal history, then led law enforcement on a chase that spanned three counties. He was spotted in neighboring Clay County, prompting a pursuit involving the North Carolina Highway Patrol and sheriff’s offices from Cherokee, Clay, and Macon counties. The chase came to an end in Macon County after Captain David Williams of the Cherokee County Sheriff’s Office disabled Simmons’ vehicle. He was taken into custody following a brief standoff, the sheriff’s office said.

Flattes was killed in the line of duty. Cherokee County Sheriff Dustin Smith described the day as the hardest of his career. “We are all mourning the loss of Francisco and doing everything we can to support each other and the family and loved ones of Officer Flattes,” he said in a statement. Flattes is survived by his wife, who also works for the department, along with children, grandchildren, and a son-in-law who serves as a deputy.

Officer Fienauer, who also sustained injuries during the altercation, is recovering.

Simmons was back in court the following day. During a brief appearance on Tuesday, July 1, a judge ordered he be held without bond, according to reporting by WLOS.

He now faces a charge of first-degree murder, with additional charges likely forthcoming.

Court records and corrections documents reviewed by WLOS show that Simmons’ criminal record stretches back to 2004, including past convictions for breaking and entering, attempted robbery with a dangerous weapon, kidnapping, burglary, and larceny. He served multiple prison terms and was most recently incarcerated at the Mountain View Correctional Institution until his release in 2022.

At the time of Monday’s escape and shooting, Simmons was in the custody of the Cherokee County jail, where he was being held on federal charges after pleading guilty to a string of bank robberies across North Carolina, including one in Hendersonville. He had also entered a guilty plea for carjacking and was awaiting sentencing in federal court.

Former prosecutor and Asheville-based attorney Doug Edwards told WLOS that delays in sentencing for federal inmates like Simmons are not unusual. “After a pre-sentence report is prepared and provided, both parties—the government and the defendant—have the opportunity to file objections… A final report is then produced to the court,” Edwards said. He added that the process can take months or even years, and that Simmons may have acted out of fear of the lengthy sentence he likely faced.

Simmons had previously attempted to escape custody in October 2024, according to the sheriff’s office.

Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.

Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.