Murder case dropped for woman charged with ex-boyfriend's 2021 homicide when she was 18

ASHEVILLE - The Buncombe County District Attorney’s office dismissed a first-degree murder charge against Alexus Buckner April 30, three years after she was accused of killing her former boyfriend, Joshua Silvers .

Outside Buckner's home on Davis Drive near Candler, Silvers, 27, was shot and killed on July 26, 2021, while trying to pull Terrick Tyree Eddington “against his will” from a vehicle parked outside, court documents say. Eddington called for help from the only other passenger in the car, James Edward Benson Jr.

Benson fired one shot, striking Silvers in the chest, according to court documents.

After an initial investigation, the Buncombe County Sheriff’s Office charged Benson, who was 20, Eddington and Buckner, who were both 18, with first-degree murder. Benson and Eddington are both from Asheville.

More than two years later, Benson was offered a plea deal of 64 to 89 months, or up to 7.5 years, in prison for voluntary manslaughter because the case was imperfect self-defense, prosecuting attorney Meredith Pressley told Judge Jacqueline Grant, according to court documents. He took the plea on Oct. 4, 2023 .

Buckner never pulled the trigger. So why was she charged with first-degree murder? Prosecuting attorneys intended to call witnesses to the stand who could establish Buckner had staged the events leading up to Silver’s death, with an intent and motive to have him killed by Benson, according to court documents.

“(Buckner) kind of created this situation for them. It just put them in fear that this guy’s going to come out and kill them,” Ted Besen, Benson’s defense attorney, previously told the Citizen Times.

Before Buckner — who was in jail less than two months — could go on trial in May, witness interviews lacked any evidence that Buckner set up Silvers’ death, according to a dismissal of charges filed on April 30 by assistant district attorneys Meredith Pressley and Kyle Sherard.

One guilty plea, another's charges drop: Asheville man pleads guilty to manslaughter in 2021 homicide; another has charges dropped

What events led up to Silvers' death?

In a motion asking for immunity from prosecution filed April 1, Buckner’s public defender, C. Brooks Kamszik, outlined the “uncontested” facts of the case, arguing that those charged are entitled to the “Stand Your Ground” statute. The Citizen Times reached out to Kamszik for comment.

Buckner and Silvers had been dating and living together at her mother’s home, but broke up a few days before the shooting, Kamszik wrote. After her mother refused to ask Silvers to leave the house, Buckner “hastily” left with a few belongings and stayed at a hotel with Eddington and another friend on July 24.

On July 25, Silvers came to the hotel, and confronted, threatened and chased Buckner’s friend, who was outside, Kamszik wrote. He then “pounded” on their hotel room door but eventually went home when no one answered.

That afternoon, Buckner drove home with Eddington and their mutual friend, to grab more of her belongings. Not having a key to the locked house, Buckner threw a rock into a window, Kamszik said. An argument ensued between Buckner and Silvers, who came to the door with Buckner’s brother, Malachi Buckner.

Silvers “picked Buckner up and slammed her to the ground,” before a neighbor broke up the altercation and returned Buckner’s car keys to her from Silvers, according to Kamszik. Buckner then left with her friends waiting in the car.

More: 18-year-old girlfriend of murdered Buncombe man has bond reduced, released from jail

In his pre-trial interview, Benson said he and Eddington heard Silvers threaten to shoot them in a phone call to Buckner taken over speakerphone, Pressley and Sherard wrote in their dismissal. Kamszik said Silvers referred to Buckner’s friends “using a racial slur numerous times” in the same call.

Later that night, Buckner drove back to the house to pick up her belongings with Eddington and Benson, who had asked to be dropped off before going. She told them to wait in the car and called her mother to make sure Silvers stayed inside the house, Kamszik wrote.

While Buckner gathered her items, Silvers ran to the car, according to Kamszik. Seeing him coming, Eddington locked the rear passenger door, but Silvers ran to the driver’s side.

“Silvers began assaulting Eddington and attempting to forcibly remove Eddington from the vehicle against (his) will,” Kamszik wrote.

That’s when Eddington called for help, and Benson shot.

Previous reporting: Candler man shot, killed; Buncombe County Sheriff's Office has multiple people of interest

Benson stated in his pre-trial interview that any fear he had during the shooting was a direct result of Silvers’ own actions, including the shooting threat, the prior altercation with a friend, and entering the car the night of the shooting, Pressley and Sherard said in the dismissal.

“Benson stated that even if Buckner was entirely removed from the equation, he still would have shot Silvers under the circumstances and that he would testify to the same,” they wrote.

Pressley and Sherard dismissed Buckner's charge, "no longer (having) evidence to proceed on first degree murder or the lesser included offenses," the dismissal said.

Eddington’s charges were dismissed Oct. 4, 2023, Besen saying “he should have never been charged with a crime in the first place.” His only involvement was being there when Silvers was shot, Pressley and Sherard wrote in court records.

Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober

This article originally appeared on Asheville Citizen Times: Murder case dropped for woman charged with ex-boyfriend's 2021 homicide when she was 18