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Police, D.A. declare Nov. 24 shooting death self-defense

After an extensive review of the evidence, and in consultation with the District Attorney’s office, it has been determined the Nov. 24 shooting death of Elijah Edward Timmons III was a case of self-defense, the city announced Tuesday.

As a result, murder charges will not be sought for the shooter.   

“Whenever someone is shot and killed, it is a senseless death,” said Hendersonville Police Chief Blair Myhand. “Even though no charges are being made at this time, we will not tolerate this kind of violence.”  

Police investigated after a 30-year-old Asheville man with a long criminal record was found dead outside a restaurant at the Henderson Crossing shopping center on Nov. 24. Officers were dispatched at 2:36 a.m. Friday to the Orchard Bar & Grill in reference to a disturbance involving gunshots in the parking lot of the shopping center on Four Seasons Boulevard at Dana Road.

Upon arrival, officers found a deceased male on the ground who had suffered a gunshot wound to the head. Officers found and secured a firearm believed to belong to the Timmons. A preliminary investigation showed that Timmons had been engaged in an altercation with a suspect before he was fatally shot.

WLOS-TV reported that Timmons was charged on July 22 in Asheville for failure to appear in court on two courts of speeding, reckless driving, fictitious tag, four counts of driving while license revoked, no liability insurance, failure to comply with license restrictions and simple possession of marijuana. He was charged in 2019, the station reported, with communicating threats, two counts of felony probation violation, driving while license revoked, reckless driving and fleeing to elude arrest in a motor vehicle.