Attorney of man shot by SWAT team says law enforcement’s handling of case is ‘an abomination’

By Samiar Nefzi

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    ASHEVILLE, North Carolina (WLOS) — An attorney for the Cherokee County man shot by SWAT team members says his client’s rights were violated as police “tried to kill” him.

Ellis Boyle, who is representing John Kloepfer, spoke with News 13 on Thursday, June 22. It was announced June 21 that Kloepfer filed a 195-page civil complaint against Cherokee County Sheriff’s Office and several officials, the allegations of which include civil rights violations, excessive use of force, trespassing and gross negligence by authorities.

“American citizens are entitled to live in peace in their own homes, and not be ambushed and improperly attacked by law enforcement officers,” said Ellis Boyle, who is representing John Kloepfer.

Boyle said he believes footage caught by Kloepfer shows law enforcement attempted to cover up their actions.

Kloepfer’s 195-page civil complaint includes allegations of civil rights violations, excessive use of force, trespassing and gross negligence by authorities.

“We should expect a lot from our law enforcement,” Boyle told News 13. “I certainly do. And this does not rise to the level of what I expect out of our public servants.”

On Dec. 13, 2022, 41-year-old Jason Harley Kloepfer, was reportedly shot several times by members of the Cherokee Indian Police SWAT Team.

Initial reports by the Cherokee County Sheriff’s Office in a press release said on Monday, Dec. 12, 2022, a 911 call had alerted authorities to a disturbance with several gunshots at a residence on Upper Bear Paw Road.

Deputies called in the SWAT team to help because they stated in the initial release, “there was an armed suspect present and the potential for a hostage situation.”

“They had barely any reason to ever approach and enter my client’s property at all,” said Boyle. “They should have just left and left these poor citizens alone who were sleeping inside their home.”

The 195-page civil lawsuit filed on Tuesday has 25 allegations of civil rights violations, excessive use of force, trespassing, gross negligence by authorities, and falsifying reports.

“It’s absolutely taken their pleasant life in the beautiful mountains of North Carolina and flipped it upside down,” explained Boyle. “It’s been very problematic. And this has caused them an extreme amount of stress and harm and emotional and mental problems.”

The initial report claimed Kloepfer “engaged in a verbal altercation with officers and emerged from a camper trailer and confronted officers” before authorities fired at him.

However, in the following days, Kloepfer released security video from inside his trailer, which appeared to show a conflicting account of the event. The video shows authorities placing a robotic camera inside the camper. The footage then shows Kloepfer and his wife awake to find the camera, pick it up and go to open the door. Seconds later, officers fired several rounds at Kloepfer, who fell to the ground.

Months later, the Clerk of Courts for Cherokee County confirmed with News 13 those charges had been dropped.

The lawsuit listed responding deputies, officers, the Cherokee County Sheriff’s Department and Eastern Band of Cherokee Indians.

“We seek to vindicate their rights and get justice for them,” said Boyle.

The Cherokee County Sheriff’s Office and Eastern Band of Cherokee Indians declined to comment on the pending litigation.

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