District Attorney Ashley Welch filed a petition for Hoxit’s removal on Jan. 29, alleging Hoxit abused his power as his office built a case against County Commissioner Jacob Nelms, whose ex-wife Adarian Nelms had been in an on-and-off relationship with Hoxit since before he took office.

“When a sheriff uses the power and tools of his office and the justice system to actively investigate a citizen with whom he has a personal conflict that requires recusal, the public is not safe,” the petition reads.

In a hearing held late last month in Graham County Superior Court, Welch argued that preserving the integrity of the critical institution meant keeping a corrupt sheriff out of power, while Hoxit’s defense team claimed that a message must be sent that a sheriff can execute his duties without fear of political retribution.

In the ruling, Stetzer agreed with Welch, writing that “the Nelms investigation involved multiple acts of dishonesty.”

“These repeated bouts of dishonesty amount to willful misconduct,” it reads.

Hoxit had been removed from office pending the hearing back on Jan. 29, when Welch’s petition was filed. The following day, Graham County commissioners decided that Hoxit’s Chief Deputy, Travis Brooks, would assume the duties of sheriff. On Feb. 20, the board named Russell Moody, a Republican who’d served in the office from 2007 to 2011, sheriff.

Hoxit had begun a campaign to gain the requisite signatures to appear on the 2026 ballot as an unaffiliated candidate, but he failed to collect enough endorsements.

“I was in the process of getting my signatures to get on the ballot and then this here happened,” he testified during the hearing.

Republican Primary winner Caleb Stiles will face off against Democratic sheriff candidate Reba Louanne Jenkins McMahan in November.