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Mother arrested after shooting her son – demands justice on his birthday

HENDERSONVILLE – At the spot where Elijah Timmons III died nine months ago – his head wound visible under a white sheet when his mother was arrested – Patricia King demanded justice, accountability and truth for her son, whose death site in a Hendersonville parking lot is now covered with fresh paint.

King and 35 of his loved ones celebrated his 31st birthday on August 21 and called for further investigation into the shooting of their friend, his father, his cousin, his brother and his son in the parking lot of the Orchard Bar and Grill in Hendersonville.

“This was unjust from the beginning and I want people to be held accountable, not just the people who murdered my son, but the people who just let him walk free. I ask all of you to ask questions,” King said surrounded by her family.

Red, white and black balloons bearing Timmons III's name rose into the sky, accompanied by chants of “Justice for Elijah, accountability, we want the truth to come to light.”

As young children, including Timmons III's sons, ran around and stared at the balloons, his cousins, sister and girlfriend remembered Timmons III's infectious laugh, love of music and “party animal” personality.

“You could turn around. If you heard the boy laugh, you knew it was him. When he laughed, you started laughing,” said Trenace Timmons, Timmons III's sister.

“He was a stand-up guy, loved by everyone and a great father,” said cousin Keem Smith.

Timmons III, 30, of Asheville, was shot and killed in a crowd on the evening of Nov. 24. His cousin, Najah Underwood, said they had come to the club with her boyfriend and Timmon III's girlfriend, Tyshala Pea, after spending Thanksgiving with her family.

Later that night, Underwood was already in the parking lot when she saw Timmons III exit the building and a “crowd” crowded around him and then a “street brawl” started. Pea said she was driving toward the parking lot entrance when she saw several people hitting Timmons III.

His recently released autopsy revealed that pieces of Timmons III's hair were pulled from his head. His father, Elijah Timmons Jr., collected strands of his son's hair and pieces of his T-shirt from the crime scene that night, he previously told the Citizen Times.

More: Assault charges dropped against mother arrested after shooting her son; she still seeks justice

Hendersonville police investigated but closed the case without charges based on self-defense rulings based on surveillance camera footage, a gun and bullet casings found at the scene. Police say the surveillance camera footage shows Timmons III fired a gun first before the gunman fatally shot him in the head.

Underwood said Timmons III did not have a gun with him when they left her mother's house that night to go to the club. She was never questioned by police, she said. The medical examiner's inquest into Timmons III's death said the firearm found at the scene, believed to be his, “was of a different caliber than the cartridge cases found.”

“The recent report does not change that conclusion (of self-defense),” Police Chief Blair Myhand said when asked about the findings by the Citizen Times in May.

“Therefore, the Hendersonville Police Department considers this case closed. Investigators will continue to review new evidence, but without new evidence, the case closure and self-defense finding remain unchanged.”

The Citizen Times reached out to Myhand on August 22 for an update and comment.

More: Asheville mother says her arrest after son's death in fatal shooting was 'inhumane'

Bystanders, a police procedure expert and local justice lawyers who viewed bystander video from that night agreed that the crime scene was “inhumane” and that the use of a Taser against a bystander who was holding a child was “unjustified,” according to a Citizen Times investigation.

After running from her Asheville home to the parking lot, King, the deceased's mother, was thrown to the ground. She was left handcuffed with her pants pulled down below her waist and charged with minor offenses. However, the charges were later dropped after extensive reporting in the Citizen Times.

Like Underwood and Pea, no witnesses were interviewed at the crime scene that night. City spokeswoman Allison Justus said no written statements were taken because none of the witnesses to the crime were “willing to speak with officers.” Both District Attorney Andrew Murray and Police Chief Myhand said King's “uncontrollable behavior” contributed to the unrest among bystanders.

“The way the police handled the crowd and the crime scene kind of turned everyone off,” Timmons Jr. previously told the Citizen Times. “The attitude of the officers reflected the attitude of the witnesses who were there that night and could have given the correct testimony.”

Smith filed a motion to view the police-worn camera footage from that night, and during the subsequent court hearing, both Myhand and Murray told the court they had no objection to King also viewing the security camera footage of their son's shooting at the Orchard Bar and Grill.

Smith later went to Hendersonville and watched some individual clips of the shooting, which she claims are different or changed from what she initially saw when police tried to identify the shooter. She said she still hasn't seen the footage worn by officers because she likes to have someone with her when she watches the videos, but is only allowed to have an attorney present, which was difficult to find.

More: Henderson County judge orders more police videos showing mother arrested after shooting her son

According to emails obtained by the Citizen Times, City Attorney Angela Beeker offered to set up a Zoom meeting while Smith sat in a room at City Hall to watch the court-approved videos.

Smith submitted a public records request on Aug. 9 seeking several pieces of information from that night, which has not yet been returned. In an Aug. 13 email, Beeker said they were working to gather the records, although some of them are not considered public records under North Carolina General Statute 132-1.4, but rather criminal investigation records.

“This is the parking lot where his life was taken… I need absolute justice for my son. I need people held accountable,” King said on August 21.

Her request: “Prove me wrong.”

Ryley Ober is a public safety reporter for the Asheville Citizen Times, part of the USA Today Network. You can email her at [email protected] and follow her on Twitter at @ryleyober.

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