Court records show a Gov. Josh Stein appointee terminated probation for Johnathan David Paleno before he was charged with first-degree murder of missing Buncombe County teen.
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By Annie Dance | Cops & Congress | News & Commentary
BUNCOMBE COUNTY, N.C. — Court records reviewed by Cops & Congress show that a district court judge appointed by Gov. Josh Stein ordered the release of a repeat assault offender in April, months before the same man was arrested and charged with first-degree murder in Buncombe County — a decision now drawing scrutiny as investigators detail a violent death and a long paper trail of prior convictions.
The defendant, Johnathan Paleno, 21, of Cullowhee, is charged with the first-degree murder of Joseph Rose, 18. Rose’s body was found Dec. 12 on Gilbert B. Crook Road in the Candler community of Buncombe County, weeks after authorities believe he was killed.
At a press conference today, officials with the Buncombe County Sheriff’s Office said investigators believe Rose was killed on or about Nov. 24. Deputies responded to the Candler address around 3:36 p.m. on Dec. 12 after receiving a request to assist with a deceased person.
“Upon arrival, deputies located a deceased individual,” officials said. “That individual was later identified as 18-year-old Joseph Solmon Rose, who had been reported missing earlier this month.”
A preliminary autopsy conducted Dec. 15 determined Rose died from a gunshot wound to the head, according to the sheriff’s office. Investigators said evidence quickly led them outside Buncombe County.
On Dec. 19, deputies recovered a vehicle in Jackson County that investigators said had been at the scene of the killing. Later that day, Paleno was arrested by Jackson County authorities and charged with first-degree murder. He was transferred to the Buncombe County Detention Facility, where he is currently being held without bond.
Officials said at the press conference that Rose and Paleno knew each other but declined to explain the nature of their relationship, citing the active investigation.
Eighth homicide of the year
The Buncombe County Sheriff’s Office confirmed Rose’s death marks the eighth homicide investigation handled by the agency this year. The case has drawn assistance from multiple agencies, including the North Carolina State Bureau of Investigation, the Jackson County Sheriff’s Office, the Georgia Bureau of Investigation, the U.S. Drug Enforcement Administration, the U.S. Bureau of Alcohol, Tobacco, and Firearms, and the Asheville Police Department.
I filed public records requests seeking the complete autopsy report and investigative files, which remain pending.
A criminal history spanning counties
A detailed review of North Carolina Judicial Branch eCourts records shows Paleno had extensive prior contact with the criminal justice system before the homicide charge — including multiple assault convictions across Western North Carolina in 2023.
Court records show Paleno was adopted in 2015, a fact listed in background filings without further explanation.
In Haywood County, Paleno pleaded guilty in 2023 to assaulting a woman in Canton, according to court documents.
Later that year, Paleno faced a separate case in which he was charged with assault by strangulation involving a woman — a felony offense under North Carolina law. Court records show that charge was reduced through a plea agreement, and Paleno was ultimately found guilty of assault. The disposition was handled by Assistant District Attorney Kyle Sherard, according to court filings.
In Asheville, eCourts records show Paleno again pleaded guilty in 2023 — this time to assault and resisting a public officer. In a separate Asheville case later that year, he pleaded guilty to yet another assault charge.
By the end of 2023, Paleno had amassed multiple assault convictions in multiple jurisdictions, including offenses involving women and resistance to law enforcement.
Probation violation — and a critical release
Following those convictions, Paleno was charged in Jackson County with a misdemeanor probation violation out of county, stemming from his prior cases and supervision conditions. That probation violation case proved pivotal.
In April, Judge Bill Jones ordered Paleno released and terminated the probation violation, according to eCourts records reviewed by Cops & Congress. The order closed the case without imposing additional supervision or incarceration.
Judge Jones was appointed to the District Court bench earlier this year by Gov. Stein, according to official appointment records.
The eCourts file contains no written explanation detailing why probation was terminated or why release was deemed appropriate despite Paleno’s documented history of assault convictions.
Within months of that April decision, Paleno was no longer under court supervision. By late November, investigators now allege, Rose was dead.
Judicial discretion — and accountability
Under North Carolina law, judges have broad discretion in probation matters. They may revoke probation, modify conditions, or terminate supervision entirely. The statute gives courts flexibility — but that discretion carries consequences.
In Paleno’s case, the record is unambiguous: multiple assault convictions in 2023, followed by a probation violation, followed by judicial release in April.
The decision by a governor-appointed judge to terminate probation for a repeat assault offender now charged with first-degree murder raises serious questions about risk assessment, public safety, and the downstream impact of judicial choices.
While judges are constitutionally independent once sworn in, appointments reflect the priorities of the administration that selects them. Gov. Stein’s appointment of Judge Jones places the April release squarely within that political and institutional context.
Stein’s office has not publicly commented on the case.
The timeline that matters
The timeline outlined in public records is stark:
2023: Multiple assault convictions across Haywood County and Asheville, including a reduced strangulation charge.
2024–2025: Supervision and probation issues continue.
Jan. 1, 2025: Gov. Josh Stein officially takes office.
Feb. 20, 2025: Gov. Stein appoints Judge William Jones.
April 2025: A misdemeanor probation violation is terminated, and Paleno is released by a Stein-appointed judge.
Nov. 24, 2025: Investigators say Joseph Rose was killed.
Dec. 2, 2025: Missing persons report officially filed with Asheville Police Department.
Dec. 12, 2025: Rose’s body is discovered in Candler.
Dec. 19, 2025: Paleno is arrested and charged with first-degree murder.
This is not a case involving a first-time offender or an unforeseeable escalation. The warning signs were documented in court files years earlier.
Family grief and unanswered questions
Rose’s family has described him as a kind and compassionate young man who loved music, nature, and people from all walks of life. Friends and relatives have held vigils and shared memories as the community grapples with his death.
Law enforcement officials emphasized at the press conference that the killing was not random and that the investigation remains active. Officials declined to discuss motive or whether additional charges could be filed.
What remains unanswered is why a defendant with repeated assault convictions — including violence — was deemed suitable for release from probation earlier this year.
What happens next
Paleno’s Buncombe County case, filed as 25CR490335-100, charges him with first-degree murder. Court records show Paleno made his first appearance in Buncombe District Court, where a public defender was appointed. He is being held without bond. His next scheduled court date is a disposition hearing set for Jan. 12, 2026, at the Buncombe County Judicial Complex. As with all criminal cases, Paleno is presumed innocent unless and until proven guilty in court.
A system under scrutiny
Beyond the homicide itself, the case has placed renewed focus on how North Carolina’s criminal justice system handles repeat violent offenders — and how probation decisions made quietly in courtrooms can have irreversible consequences.
The April release order did not make headlines at the time. It appeared as a routine entry in eCourts. Today, it stands as a central point of scrutiny in a murder investigation that has left one young man dead and a community asking how the system failed to stop a known pattern of violence.
Cops & Congress will continue to review court filings, seek public records, and report developments as this case moves through the courts.
