Polk’s state legislator resigned Wednesday after cyberstalking plea

BREVARD—NC Rep. Cody Henson (R) pleaded guilty on Tuesday to cyberstalking his estranged wife and submitted his resignation on Wednesday. 

Henson accepted an agreement for deferred prosecution and 18 months of probation as well as obtaining a mental health assessment and treatment and to complete a domestic violence abuser treatment class. 

Henson was also denied access to firearms over the course of his probation. 

State prosecutors did accept a stipulation that Henson be allowed to travel for legislative work during his probation. His resignation, however, is effective at noon on Friday. 

The cyberstalking charge stems from his estranged wife, Kelsey Henson seeking a domestic violence protection order earlier this year, which was granted. The Transylvania County Sheriff’s Office issued a court order for cyberstalking following the domestic violence protective order. 

Henson and Kelsey share two children. 

Following court Tuesday, Henson’s attorney issued a statement to the news media saying that Henson intends to fulfill his commitment to represent his district and will not be resigning from office. Henson posted to social media Wednesday afternoon that he had submitted his letter of resignation to the House Principle Clerk and the Speaker of the House.  

Henson represents Polk, Transylvania and most of Henderson counties and was elected to his second term in November. Earlier this year, he said he will not run for re-election in 2020. 

The charge of cyberstalking is a misdemeanor and because the plea agreement is a deferred prosecution, if Henson successfully completes his probation and treatment, the charge will be dismissed. 

He will be on supervised probation the first year and if he meets all the requirements, the judge can make his last six months unsupervised. 

During the court hearing Tuesday, Kelsey Henson read a statement, saying she had been legally married to Cody Henson since Jan. 18, 2014. 

“For me, this process has been exhausting,” she said. “Our marriage was a nightmare. There were lies, infidelity, manipulation and the list goes on.” 

Kelsey said Cody Henson was able to insert himself into her life and her head whenever he wanted no matter how much she begged and pleaded for him to stop. 

“Despite every effort by Cody, his family and the deep-seeded, right-wing brotherhood that controls this county and state; I am still here,” she said. “I am still fighting. And they are not able to silence me any longer.” 

She said she has gone from being homeless at six months pregnant with a 2-year old to being a completely independent, strong and capable woman. 

“I wish Cody all the best and I hope he has a great life and can be a good father for our children,” she said. “But I am walking away and washing my hands of every piece of control he once had over me; not because he didn’t realize my worth and value but because I finally realized my own.” 

NC Assistant Attorney General Boz Zellinger prosecuted the case after District Attorney Greg Newman recused himself, saying he had supported Henson during his campaign. 

Zellinger reported that Cody Henson once screamed at Kelsey and threw a full beer can at her in front of their son while she was pregnant. Cody Henson reportedly told Kelsey that he was a trained killer (referring to his military background) and that he would have a team of attorneys behind him. He also posted pictures of his guns on social media after an argument with Kelsey. 

Henson’s attorney issued a statement saying that Cody Henson entered into a conditional discharge agreement with the state to resolve the cyberstalking charge brought against him. 

“Under the terms of this agreement Rep. Henson will obtain a mental health assessment and follow any recommendations therefrom,” said the statement. “He will also complete an approved abuser program during the 12-18 months of probation. Upon his successful completion of the conditions of this agreement, the charge shall be dismissed.” 

The statement also said the terms and conditions specifically provide for Henson’s continued representation of the citizens of Polk, Henderson and Transylvania counties in the N.C. House, not imposing any travel restrictions. 

“Rep. Henson intends to fulfill his commitment to represent his district and will not be resigning from office,” Henson’s statement said Tuesday. “In entering this agreement, Rep. Henson does acknowledge, in hindsight, that he was overly zealous in his attempts to save his marriage. He does not regret attempting to keep his family intact, but does now see that his methods were wrong.” 

It is not yet been announced how the N.C. House will replace Henson since his resignation. 

Polk County Commissioner Jake Johnson (R) has announced he will run for Henson’s seat, but the official filing for the 2020 seat is not until December.

 

Following is Rep. Cody Henson’s social media post regarding submitting his resignation:

Friends,

 

I have said it many times, but it bears repeating because it is the truth.  It has been my distinct honor to be your voice and to serve you in the N.C House of Representatives.  Along the way I have been blessed to have met so many of you and become friends with many more.  It is no secret that yesterday I entered a deferred judgment in a domestic matter.  As was said in my statement, I realize I was overly zealous in trying to save my marriage and mistakes were made.  I had no intention of hurting anyone, including my estranged wife.  Many of the statements made in court yesterday by the assistant attorney general and circulated by the media were based on false and unsubstantiated claims by my estranged wife.  However, I do not wish to rehash this any further.  That matter is settled. 

 

As we look to the future, it is evident that at this time I am needed at home to focus on my two beautiful children.  They have been my whole world since they were born.  Right now, I believe that what is best for my children is that I focus my attention on them.  

 

With that said, earlier this morning, after much thought, prayer and discussion with my family, I submitted my letter of resignation from the N.C House, effective at noon on Friday July 26th,  to the House Principle Clerk and the Speaker of the House.  

 

I want to thank all of you for you love, support and prayers over the past 4 years.  Every prayer has been felt and has been very much appreciated.  I believe the future of our great state is bright and I look forward to seeing what is to come for North Carolina and our little corner of Western North Carolina.

 

Thank you for the opportunity to serve you and may God bless you all.

 

Sincerely,

 

Cody