Escaped inmate charged with first-degree murder
Randy Foster
editor@cherokeescout.com
A federal inmate shot and killed a guard during a medical appointment Monday afternoon in Murphy, then led law enforcement officials on an hour-long chase that ended with his recapture in Macon County.
Detention Sgt. Francisco Flattes, 56, was wounded by gunfire and taken to Erlanger Western Carolina Hospital, where he was pronounced dead.
Detention Officer George Feinauer was also injured during the escape, but not by gunfire, and he’s expected to recover.
Kelvin Simmons, 49, of Concord, was charged with first-degree murder and may face additional federal charges, District Attorney Ashley Welch said during a news conference at Tri-County Community College in Murphy on Monday evening.
This was Simmons’ second escape attempt since October, when the federal prisoner being held for a string of bank robberies across the state scaled a fence topped with razor wire. He was captured a short time later with severe lacerations.
In addition to the bank robbery charges, Simmons faced new charges of felony escape and resisting a public officer from his October escape attempt and, now, first-degree murder.
The medical appointment
Cherokee County Sheriff Dustin Smith said the two detention officers took Simmons to an orthopedic appointment at 75 Medical Park Lane, Murphy. Once inside the medical office, Simmons overpowered his two guards, taking Flattes’ hand gun and shooting him with it.
Simmons fled the building and stole a car as it was being parked nearby. He fled in the stolen car, leaving its occupants in the parking lot.
Law enforcement throughout the region descended, with some remaining at the shooting scene and others taking up the chase, which went through Hayesville before ending in Macon County, where Simmons surrendered after being stopped by law enforcement.
Lockdowns were initiated at Erlanger Western Carolina Hospital and related offices in the vicinity, Tri-County Community College and, next door to the shooting, Appalachian Mountain Health-Murphy, which was holding an opening ceremony at the time.
Law enforcement from local municipalities, counties, the N.C. Highway Patrol and other agencies were initially involved, along with Cherokee County Emergency Medical Services. A Life Flight helicopter was also dispatched and stood by at the Erlanger hospital.
Traffic was disrupted at the intersection of U.S. 64 East Alternate and N.C. 141 during the initial response.
Later, crime scene tape was strung around the building at 75 Medical Park Lane as law enforcement collected evidence and conducted their investigation. Law enforcement used college facilities as a base of operations.
Standoff on Highway 64
Simmons led North Carolina Highway Patrol on an hour-long chase through Clay County and into Macon County. Macon County Dispatch was notified around 2:30 p.m. by Clay County Emergency Services that the chase was underway, according to a statement from the Macon County Sheriff’s Office.
A brief armed standoff took place on Highway 64 near West Old Murphy Road. No shots were fired at the scene, according to Sheriff’s Office officials Simmons was placed under arrest at 3:11 p.m. Macon County 911 Director Todd Seagle said Simmons possessed a firearm at the time of his arrest.
The stretch of Highway 64 remained closed for investigation and had been reopened by 7 p.m., according to Seagle.
Simmons was placed under arrest by Cherokee County Sheriff’s deputies at the scene, according to Highway Patrol Administrative Specialist Tressie Phillips.
According to court records, Simmons was released from the Macon County Detention Center into U.S. Marshals Service custody. He has a court date of July 16 in Cherokee County.
Franciso Flattes
Flattes served with the Cherokee County Sheriff’s Office for about four years.
Smith said Monday was the worst day in his law enforcement career. He asked for the community’s prayers for Flattes’ family – including his wife, who also works at the detention center – as well as the sheriff’s office.
Flattes served previously with the Eastern Band of the Cherokee Indians and Clay County Sheriff’s Office, according to his LinkedIn profile. He served as a corporal with the Cherokee County Detention Center before being promoted to sergeant in 2024.
The third escape
This was the third escape attempt involving the Cherokee County Detention Center since October 2024, and the second involving Simmons.
In March, a Cherokee County inmate was captured about four hours after he escaped from a work crew at the sheriff’s shooting range in Marble.
Robert Keith Revis Jr., 50, of Andrews, was being held at the jail in lieu of numerous charges including being a habitual felon and bond forfeiture. Earlier charges included possession of methamphetamine, shoplifting, driving without a license, misdemeanor larceny, and other similar offenses dating as far back as 2009.
Franklin Press reporter Shelby Powell contributed to this report.