Republican incumbent Brian Kirkland and Democratic challenger David Southards will face off for Swain County Sheriff in the General Election, a race defined in part by how Kirkland came into the position.
In late July 2025, Kirkland was selected to replace disgraced former Sheriff Curtis Cochran, who’d racked up myriad criminal charges related to the alleged sexual assault of three women. Cochran’s case is ongoing in state and tribal court. Since his departure, Cherokee County Sheriff Dustin Smith and Graham County Sheriff Brad Hoxit have also left office amid a cloud of alleged misconduct.
Meanwhile, little is known about wandering officers in North Carolina — booted from one department as a disciplinary measure only to be hired by another agency — because termination or resignation don’t trigger decertification, the only publicly available law enforcement record. However, research has shown wandering officers are riskier hires, as previous violations raise the likelihood of future instances. With that in mind, The Smoky Mountain News first asked each candidate to outline their employment history.
Kirkland from 2002 to 2004 was a Swain County deputy under Sheriff Bob Ogle’s leadership. But he left after two years to serve as officer for the Cherokee Indian Police Department. He cites better pay as the reason for the move. The several-month break in employment between both agencies, due to what he said was a prolonged hiring process, was supplemented by a part-time gig at Bryson City Police Department.
In 2011, he returned to Swain County Sheriff’s Office (SCSO) and served under Cochran. Kirkland has been working with Swain County ever since his return and said throughout his career, he’s faced no disciplinary problems.
“If I had issues with these departments, I don’t think they’d be working with me,” he explained.
Kirkland’s campaign is motivated by the place he calls home.
“I grew up here. I went to school here. My kids went to school here. I love this community, always have, and I just want to be able to make a difference in a good way,” he said.
With an incumbency advantage as well as general popularity in a red-leaning district, Kirkland seems the favorite. Nonetheless, Southards conveyed a strong vision for the sheriff’s office, and like his opponent, won his primary by landslide margins. He said his candidacy is the result of what he’s accomplished during his tenure.
“I feel like over the whole 28 years that I’ve treated everybody fair. I’ve had to charge people. I’ve had to take a lot of people to jail, but also that same people I could walk up to them in Walmart and shake their hand,” said Southards.
In 1998, he was sworn in as SCSO deputy. A divorce drove his decision to leave the department and work for Cherokee County Schools in 2010, something he said ultimately wasn’t the right fit. Southards returned to SCSO and opted to work part-time for Western Carolina University after finishing out the school year. He recounted that by 2014, he and Cochran had “fallen out.”
“It was a felony that Curtis Cochran committed, and it was reported, and I was interviewed for about three hours, and nothing came of it. I gave [the district attorney’s office] names, and they done absolutely nothing,” he said.
Southards stuck with the job until November of that year but left when Cochran was reelected to pursue an associate’s degree from Southwestern Community College.
Throughout that time, Southards worked with kids with developmental disabilities and served part-time for WCU’s police department. After obtaining his degree in 2012, he transitioned into a full-time role at the university, where he worked for five years. An old colleague and friend, he said, had offered an assistant chief position at the fledgling Andrews Police Department. He stayed on until his retirement in 2022.
Southards, who still has a part-time security gig at a local hospital, said he’s never had any disciplinary issues. He said that since retiring, he finds time for the community as a cold weather shelter volunteer and newly appointed board member at Four Square Community Action, Inc., a multi-county nonprofit “committed to opening doors for eligible low-income individuals and families by providing advocacy, services, and resources to increase self-sufficiency.” He’s coached little league, basketball, and the shooting team.
Kirkland has served on a variety of county committees, as well as the state employee’s board, though he was more eager to discuss how he’s served the community as its sheriff. He said when Cochran left office, he worked to rebuild the public’s trust, successfully pursuing funding for body-worn cameras.
“It forces [our deputies] to treat people good because they know they’re being recorded, and also it tells one side of the story, so people can’t just say, ‘Well, this happened and this happened,’” Kirkland posited. “The cameras are not going to lie.”
Body cameras have strong support as an accountability measure, but they’re not considered a public record in North Carolina and can only be released under a court order. Kirkland has also pursued an initiative called Community Impact Team, which involves approaching communities from which dispatchers received the most 911 calls.
“What I mean by partnership — just being seen in a community is a deterrent to crime,” he said.
Officers also encouraged folks to call about anything suspicious, even if they weren’t sure what was going on. Kirkland said the office’s call volume has dropped over the past year.
Other programming Kirkland has helped coordinate includes the first-ever Cops and Kids event, which the department plans to continue; a Swain County National Night Out facilitating connections with the public; and a scam education session SCSO has presented 30 times to local groups.
Southards proposed two additional initiatives, saying there’s a need within the Qualla Boundary for law enforcement dedicated to domestic violence work, which existed when he first started. If elected, he’d ensure at least one female investigator would be assigned to such cases.
Southards would also like to implement a program he said is already underway in Transylvania County in which Student Resource Officers mentor middle school students identified as “struggling” by the Department of Social Services and Juvenile Services. Most outings — like a rafting trip, for example — would take place during the summer, when both child and officer have fewer responsibilities.
Spending priorities are largely how Southards contrasts himself with Kirkland. He was quick to point out how during this year’s budget cycle, the county accrued a $2 million deficit (that figure is closer to $5.8 million, based on prior SMN reporting).
While the Democratic candidate values training, he said there are countless free community college sessions in the region officers should complete.
Kirkland defended his decision to attend a North Carolina Sheriff’s Association Conference in Myrtle Beach — a decision that drew scrutiny — for its unique vendor and networking opportunities.
“I get my deputies into as much specialized training as they can get because I want them to be very proficient at their jobs,” he added.
Southards criticized Kirkland’s decision to purchase a more expensive Ford Expedition instead of a Ford Explorer. The difference in 2026 starting prices between the two models is about $26,000. Kirkland argued an Expedition makes traveling “more feasible,” noting that he’s often on the road to meet with different agency partners.
“You got to remember the outfit of an Expedition is not near as much as (the) outfit of an Interceptor because all mine has is blue lights,” he said.
But according to Southards, the sheriff has also paid a pretty penny to outfit his vehicles. Southards questioned why SCSO needs a drone, technology he said is rarely used and comes with a hefty price tag. The sheriff said his department takes out its $20,000 drone in suspect pursuits and search and rescue missions.
“Even if we’re conducting a search warrant at a residence, we can get a drone up above it, and we can sort of see what things are happening before our deputies do … (to ensure) they’re not getting ambushed or walking into something blind,” he added.
Kirkland also touted a body armor purchase that replaced outdated gear and his role in starting a new K-9 program.
“The amount of drug seizures we’ve got with that canine in the past year has been incredible. You know that just from the drug asset money that we’ve been able to get back from drug seizures, it’s paid for itself many times over,” Kirkland explained.
Civil asset forfeiture, which North Carolina permits upon conviction, mandates all seized funds be directed to the public school system. However, through a partnership with federal agencies known as equitable sharing, local departments can legally take property pre-conviction — and will get back 80% of what they’ve seized. According to critics, this loophole creates financial incentives for property seizure. Annual profits for local agencies are in the millions. If property is wrongfully taken, re-acquisition involves hiring an attorney, another associated fee.
Another way SCSO makes money is “if we get drug seizures, the IRS comes … the IRS actually taxes people for drugs,” Kirkland said. North Carolina is part of the minority of states that still has a 1980s-era drug tax, or Unauthorized Substances Tax. It mandates individuals with certain quantities of drugs to buy tax stamps, which are then affixed to substances permanently. If found in possession of drugs without these stamps, law enforcement notifies the state North Carolina Department of Revenue (NCDOR). NCDOR then calculates fees and penalties, 75% of which are funneled into the reporting agency. A drug tax can apply even if a person’s case is dismissed.
Kirkland also commended his work this past year to develop partnerships with other agencies, especially in drug enforcement operations.
“We probably got one of the best relationships we’ve ever had with Cherokee Tribal. We work with Cherokee County on a regular (basis),” he said.
Swain and Cherokee counties and Cherokee Indian Police Department have joined forces to create what is basically a SWAT team with weekly training, the sheriff explained, adding that the team recently seized a kilogram of methamphetamine during a traffic stop. But Kirkland emphasized not all SCSO resources are put toward drug enforcement.
“There’s not one person around here, including myself, that can’t say drugs or alcohol has impacted somebody in their family or a friend that they know. Everybody here has that one person within their family or friend network that that’s fell victim to substance abuse or alcohol abuse,” he said.
Kirkland would support a drug and alcohol court allowing one’s record to be expunged for a low-level offense after years of good behavior, though he said criminal record diversion is a question for the district attorney’s office. Southards, alternatively, is on board with diversion treatment and community service programs for minor drug violations like simple possession of marijuana and said he has already talked to District Court Judge Justin Greene about this proposal. Drug diversion programs have been shown to significantly reduce recidivism.
Kirkland said his office already promotes treatment, though in a different context. For example, SCSO on Saturday, Sept 19, will hold a sponsored community event with over 50 vendors related to rehabilitation and care services. Additionally, he said the office is talking through a contract that would allow mental health professionals to accompany officers in the case of mental health-related dispatches. This adheres to a model called Crisis Intervention Team, which reduces arrests of people in mental crisis and connects them to relevant services.
“We’ve also started the 12-step programs with NA, which is Narcotics Anonymous, and AA, which is Alcohol Anonymous. Those programs started just a few months ago in our jail to help with that as well,” he explained, adding that under his leadership, the department brought Sunrise Community for Recovery & Wellness, a recovery community organization spanning from Western North Carolina to Charlotte, into the jail and signed a contract with Vaya Health, a public managed care organization serving counties across central and Western North Carolina, for mental health services.
But detention center conditions make up the bulk of Southards’ criticism. He said discussions he’s hard with former and current staff have led him to believe the “biggest [problem] in the jail is understaffing.”
Meanwhile, he said, the jail is holding folks from other counties that aren’t part of the federal Marshall service. Until the jail is fully staffed, he wants to put a stop to this practice.
Kirkland disputed the claims around staffing, noting there’s but one or two openings. At some point, he recounted, commissioners removed three detention center positions to increase pay for the remaining officers but that those spots have been re-instated.
He admitted that among those incarcerated are people transferred from Graham and Vance counties, though he maintained the jail has recently upped its nightly per-head prices.
Kirkland also told SMN he just signed a $10,000 contract with Guardian RFID, paid with commissary-derived money, which will simplify rounds and likely enable permanent wristband scanning. Advocates have said wristbands supply verifiable information on inmate medications, movement, and activities, while critics contend such a measure merely increases tech surveillance within a space that’s already confined and monitored.
Replacing the jail control board has been another necessary upgrade, he said, since it allows officers to oversee operations, communicate through intercoms, and view every pod area.
Southards argued these advances should not take precedence over the real, physical needs of detainees and staff.
“That should come last — the technology. I think you’re missing the point there if you don’t address the needs of the detention officers and the folks in jail,” he said.
While the jails’ air conditioning had been an issue that Southards said indicated a lack of prioritization by Kirkland, it has been fixed. Still, Southards isn’t satisfied.
“That’s something that should immediately be addressed with the county commissioners,” he explained, noting the jail was running box fans for weeks.
“To me, there’s no excuse for the jail not being up to code,” he added.
Kirkland said backup fans were used at most a few hours while a unit was down.
“[There would] be somebody here fairly quickly for at least a temporary fix,” he said.
Southards also advocated everyone be screened for medications like Suboxone, a treatment for opioid users, when first entering custody.
“Our medical provider at this point will not provide the medicated assistance,” Kirkland said, adding that staff has discussed this step.
That might be because Kirkland’s jail nurse isn’t licensed to provide Suboxone. Kirkland said it’s not feasible to go outside the detention center for such medications because the current nurse is typically the only medical staff present. While she’s filled in by doctors and physicians’ assistants at least weekly, coverage must be provided around the clock.
But Southards argued that, by law, if someone enters custody with a Suboxone prescription, the detention center must be able to fill it. Indeed, people with opioid use disorder are protected by the Americans with Disabilities Act, and failure to provide necessary medication not only increases overdose risk but also violates this protection. Southards said under his leadership, staff would determine if those in custody are on Medicaid, which could help mitigate MOUD expenses. Kirkland’s jail has not been taking this measure.
“I don’t think [Medicaid pays] for jail services,” he said.
That’s always been the case; however, North Carolina’s Section 1115 Reentry Demonstration waiver was recently approved, initiating a phased rollout of Medicaid reimbursement for jail- and prison-provided MOUD within the final 90 days of a sentence for certain individuals.
On the staff end of jail conditions, Southards would ensure new employees are paired with seasoned officers “before they’re turned loose on their own,” which would be accompanied by training opportunities. Kirkland said that’s already the case.
“Just like our deputies, we want our jailers to be trained and understand how big (the) responsibility (is) that they have as being a detention officer,” he said, mentioning a new jail lieutenant who works with the administrator to fill out paperwork and conduct training.
Southards advocated for another morale booster: upping the salary. When Cochran was in charge, he said, the “upper echelon of the deputies” received a sizable raise, while the detention officers hardly got anything. Southards would like to pay jail staff better, especially given the rising cost of living.
Kirkland framed this measure as a long-sought win — something they’d “fought with the county forever (about).” He said step raises for every department position had been factored into the pay chart.