Asheville man will spend more than a year and a half in prison after pleading guilty to one count each of felony hit and run with serious injury, speeding, possession of marijuana, and possession of marijuana paraphernalia

Press release:

Asheville man will spend more than a year and a half in prison after pleading guilty to one count each of felony hit and run with serious injury, speeding, possession of marijuana, and possession of marijuana paraphernalia

On July 24, 2017, Superior Court Judge Marvin P. Pope sentenced Joseph Tyler Henry, 28, of Asheville to serve an active prison term of 19 months minimum to 32 months maximum in the North Carolina Division of Adult Corrections.

Henry was driving an SUV when he hit victim Anthony Leyva during the pre-dawn hours of Nov. 20, 2016 on Hendersonville Road by the I-40 interchange. Leyva was riding his bicycle home from his job downtown. His bike had blinking lights on the front and back as required by law.

Both Leyva and Henry were traveling southbound on Hendersonville Road just after 2 a.m.

Leyva was struck from behind. Henry was driving 55 mph in a 35 mph section of the road.

After hitting Leyva, Henry sped off to his apartment in South Asheville and called SafeLite Auto Glass at 2:49 a.m. to repair his badly damaged windshield. The accident was reported at 2:24 a.m.

Henry was originally arrested in Tennessee on charges of felony hit and run, possession of marijuana and exceeding the posted speed limit. The car he was driving was registered to his father who lives in Chattanooga. The District Attorney’s Office later upgraded the initial felony hit and run charge to felony hit and run with serious injury which carried with it a longer term in prison.

“The Asheville Police Department did great detective work on this case to recover vehicle parts, the broken windshield and other identifying information about the driver of the vehicle to get justice for this victim,” District Attorney Todd Williams said.

Post-arrest, Henry was interviewed by Officers with the Asheville Police Department and admitted that he had not seen Leyva until it was too late and that he panicked after striking him.

Leyva, who suffered brain, heart, and spinal damage, as well as broken bones and other injuries, was in a coma for nearly two months.

“Though a 19 month prison term is not a lot of time considering the tragic, permanent and life-changing injuries sustained by the victim, the District Attorney’s Office is satisfied that the Court sentenced this defendant to the maximum punishment authorized by law. We are committed to ensuring the safety of all who drive and ride on Buncombe County’s streets and highways,” District Attorney Todd Williams said.