Convicted Bank Robber Charged With Murder For Killing Cherokee County Detention Officer Francisco Paul Flattes II

ASHEVILLE, N.C. – Kelvin Wayne Simmons, 49, is facing a federal charge of first-degree murder of an officer for killing Cherokee County Detention Officer Francisco Paul Flattes II, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. A grand jury sitting in Asheville returned the indictment on October 7, 2025, also charging Simmons with attempted carjacking resulting in death; escape; attempted carjacking; carjacking; use of a firearm in connection with a crime of violence; assaulting, resisting and impeding an officer; and possession of a firearm by a felon.

James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and R.E “Chip” Hawley, Director of the North Carolina State Bureau of Investigation (SBI) join U.S. Attorney Ferguson in making today’s announcement. 

The criminal bill of indictment alleges that, on June 30, 2025, Simmons did unlawfully kill Cherokee County Detention Officer Flattes while the officer engaged in the performance of his official duties and did so during the perpetration and attempted perpetration of an escape. The indictment also alleges that Simmons attempted to carjack a motor vehicle resulting in the death of Detention Officer Flattes. The indictment further alleges that Simmons, who was in federal custody awaiting sentencing for a federal bank robbery and attempted carjacking conviction, escaped from custody, and following his escape, Simmons then attempted to carjack an individual unsuccessfully. Simmons then allegedly carjacked another individual and used a firearm to commit the carjacking.

Simmons is in federal custody. The penalty for first degree murder is life in prison or death; the penalty for attempted carjacking resulting in death is any number of years up to life imprisonment, or death. The indictment includes a Notice of Special Sentencing Factors which could permit the United States to seek the death penalty. The Justice Department has not yet announced whether it will seek the death penalty. The remaining charges in the indictment carry maximum punishments ranging from five years to life imprisonment.

The charges against Simmons are merely allegations and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

In making the announcement, U.S. Attorney Ferguson thanked the FBI and SBI for their investigation.

The U.S. Attorney’s Office in Asheville is prosecuting the case.

This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).