North Carolina Legislator’s trial date set for May 2 

 

BREVARD—State Representative Cody Henson (R) was ordered to turn in his firearms and have no further contact with his estranged wife.  

Henson appeared in Transylvania County Court Thursday where the judge made the ruling and set a trial date for May 2 to face a charge of misdemeanor cyberstalking.  

Henson was charged earlier this month with cyberstalking after a complaint from his estranged wife Kelsey Henson. Cody Henson won his second term in office last November, representing the North Carolina House of Representatives 113th District, which includes Polk, Transylvania and most of Henderson County.  

During Thursday’s hearing, Cody Henson’s attorney, J. Michael Edney, asked the just to deny the prosecutor’s request that he turn over his firearms.  

District Attorney Greg Newman recused himself from prosecuting the case, saying he supported Henson in the latest election. Prosecutor Boz Zellinger took over the case.  

Zellinger reportedly argued that Cody Henson’s alleged actions justified taking away his firearms. One of the reasons in the prosecutor’s argument was that Cody Henson posted an image of firearms on social media the morning after an argument with his wife last year and she perceived the action as a threat of violence.  

Cody Henson was issued a restraining order earlier this year that limits his contact between he and his estranged wife, but the judge Thursday limited that contact further. Cody Henson is now restricted from having contact with Kelsey Henson even during exchanges of their children for visitation. Someone else will now have to handle the exchange of children, according to the order.  

Henson announced on Tuesday this week that he will not seek re-election in 2020. Some state Democratic parties have called for his resignation, including in Polk County, but Cody Henson has not indicated if he will step down from office.  

Kelsey Henson claimed that she has been subjected to levels of harassment to such a level as to inflict substantial emotional distress, with her placed in an ongoing fear for her safety and that of her children. She has reportedly made three calls to 911 about her husband over the last year. She has said the abuse was not physical.  

North Carolina statutes define electronic communications become the crime of cyberstalking when done repeatedly, whether or not conversation ensues, for the purpose of abusing, threatening, terrifying, harassing or embarrassing any person. Cyberstalking is a class 2 misdemeanor in North Carolina.