Former Swain County Sheriff Curtis Cochran will appear in court this week to face five charges, including rape and sexual assault.
His hearing is scheduled Sept. 24 at the Swain County Courthouse in Bryson City. He is set to make his next appearance in Tribal Court in Cherokee on Sept. 29.
Cochran, 72, resigned from office in June following a petition from District Attorney Ashley Welch. The petition asked that Cochran be removed from office because of allegations of sexual assault.
Cochran, who has been Sheriff since 2006, was re-elected in 2022. The petition to remove Cochran from office included details about a June 2025 incident that resulted in charges of felonious restraint, solicitation, sexual battery and assault.
The victim said she and her boyfriend both left home after a verbal altercation to walk to the grocery store. She flagged down a law enforcement vehicle for help. She alleged Cochran invited her in his vehicle for a ride but as soon as he began driving away with her, he started touching her thigh and breast. She said he then asked her to perform oral sex on him and asked how much she would charge. Then he pulled the vehicle over and stood in front of her door to ask her again for oral sex.
“Cochran assures Ms. Smith that if she will perform oral sex on him, all she will have to do is say his name if she got into trouble and he will help her,” the petition said. He then took out his penis and touched himself while driving her home. She reported the incident to Cherokee Indian Police.
Both the FBI and the SBI were investigating the incident after it was reported when, just a few days later, Assistant Chief Josh Taylor observed what he thought to be Cochran’s law enforcement vehicle “driving suspiciously” at 4 p.m. the late afternoon.
Taylor said the vehicle was driving in an “evasive” manner so he stopped the vehicle. Taylor found a woman in the car with Cochran who had just been released from the Cherokee Indian Police Department jail.
Taylor let Cochran continue driving with the woman, but followed him. After she was dropped off, she spoke to law enforcement. The petition says that she was, “scared of that ‘sick, perverted old man,’ Curtis Cochran, who had touched her all over while they were riding down the road and had wanted her to do things that she did not want to do.”
District Attorney Ashley Welch writes in the petition that this was cause for Cochran to be removed from office.
“He has used his office and power as the Sheriff to get at least two women to trust
him, get in the car with him looking for help, only to be sexually assaulted,” she writes.
The forcible rape charge did not include additional details about the incident. All three charges are pending.
Cochran resigned in June avoiding a removal hearing. It has been reported by the Asheville Citizen Times that he is not receiving retirement benefits.
Cochran was arrested again on July 22 on a second degree rape charge. He was released the same day, according to court documents.
Cochran made his first appearance in court on July 1.
The Smoky Mountain News reported on Cochran's legacy on July 29 including politically motivated misuse of power, disagreements over salary and other legal challenges.
The next Swain County Sheriff
With Cochran removed from office, four local law enforcement officers have announced their intention to run for Swain County Sheriff in 2026. The office would have been up for re-election regardless of the allegations.
After Cochran’s resignation, the department’s Chief Deputy, Brian Kirkland, was sworn in as the interim sheriff. He will serve out the remainder of Cochran’s term and is now hoping to become permanent.
“I’m looking forward to doing a good job and trying to keep the county safe,” Kirkland told the Smoky Mountain News. “I’ve got a tremendous amount of great employees there, and we’re all there for the right reasons, which is to protect the citizens of Swain County.”
On Aug. 8, Andrews’ Assistant Chief of Police David Southards announced on Facebook that he would be running for the position. Southards works in Cherokee County, but lives in Swain County.
“While visiting Swain County residents, I have heard many concerns expressed in regard to the Sheriff's Department, including lack of transparency, poor response times, and the need for office presence in outlying communities,” Southards said. “I will work to improve these and any other issues the citizens might have.”
Bryson City Police Department Assistant Wayne Dover, also announced his candidacy in August.
“I’ve dedicated my life to protecting and serving this community and I’m ready to lead our Sheriff’s Office with transparency, accountability, and respect for all,” Dover wrote on Facebook.
Another Swain County man, Sean Birchfield has also announced that he is running for sheriff. Officially candidates will not be able to file for the 2026 election until Dec. 1 - Dec. 19, 2025.
