Lawsuit Says Buncombe County Ran Pretrial Program Without Authority

Claims of Unauthorized Operation

ASHEVILLE, N.C. — A new lawsuit alleges that Buncombe County operated its Pretrial Release Services Program for years without the legal authority required under North Carolina law, and that a judge’s signature was falsified to secure more than $4.8 million in grant funding.

The filing expands an ongoing case tied to a violent spree in August 2024 by pretrial defendant Ryan Houston. Houston, who had been charged with attempted first-degree murder in 2023, was under the county program’s supervision when he assaulted a homeowner, killed his girlfriend, killed retired Marshall Police Chief Mike Boone, and then killed himself.

Background of the Case

Former sheriff’s deputy William Johnston filed the amended lawsuit Jan. 20 in Buncombe County Superior Court. Johnston was shot by Houston outside the magistrate’s office in 2023 while Houston’s estranged wife sought a protective order.

Johnston accuses the county and seven employees of gross negligence in their oversight of both the pretrial program and Houston’s assigned case coordinator, Rasnelly Vargas. After his 2023 arrest, Houston secured release by using eight properties as collateral for his $1.6 million bond. He was then placed on electronic monitoring and enrolled in the county program, which the lawsuit says had no valid judicial authorization.

Allegations of a Falsified Document

State law requires that a senior resident superior court judge authorize any county-run pretrial release program. The suit claims Buncombe County never received such approval. It further alleges that a key document — the “Pretrial Decision Making and Supervision Policy effective June 2021” — falsely displayed the electronic signature of former Chief District Court Judge J. Calvin Hill. Hill testified that he did not recall signing the document and would have used his own handwriting had he approved it.

The complaint says the document was later altered and submitted to the MacArthur Foundation to obtain grant funding through its Safety and Justice Challenge. The county has received more than $4.8 million since 2018.

Supervision Failures Cited

The lawsuit argues that the county prioritized a “race-based jail reduction goal” over victim safety, contending that program success was measured by lowering the jail’s racial composition rather than tracking compliance or criminal activity.

It also says Houston generated more than 240 alerts on his ankle monitor in the 11 months before his 2024 rampage. As his coordinator, Vargas was required to follow up on alerts and file violation reports when needed. Instead, the suit alleges she had an “inappropriate, intimate and sexual relationship” with Houston and told her supervisor, Renee Ray. Vargas admitted the relationship under oath, according to the complaint. Ray allegedly took no action.

Training and Oversight Issues

Despite having a budget of more than $1.5 million in 2023, the program spent only $638 on employee training that year and none in fiscal years 2024 and 2025, the suit states. Supervisors are accused of avoiding violation reports to protect program statistics tied to grant funding.

The lawsuit also alleges Houston’s monitoring excluded Johnston’s home — despite Johnston being a listed victim — and that the county never informed Johnston of Houston’s release conditions. After Houston’s crash on Aug. 1, 2024, police told Johnston they found a list of names in Houston’s vehicle. Johnston believed it to be a “kill list,” prompting fear for his family and a need for police protection.

Relief Sought

Johnston, who was medically retired after the 2023 shooting, seeks punitive damages and a jury trial. His attorney, David Wijewickrama, said the county failed to use grant money to train staff handling electronic monitoring for violent offenders. “Those ankle monitors are designed to protect victims,” he said.