Shadows in the Foothills: Judicial Reckoning in Rutherford County
By Annie Dance | Cops & Congress | News & Commentary Support Local Journalism RUTHERFORDTON, N.C. — In the mountain counties of western North Carolina, a decades-old web of alleged corruption, trafficking, and judicial compromise is once again under scrutiny. The network’s origins trace back to a Vietnam veteran whose life straddled heroism, scandal, and secrecy: Robert Van Buskirk, a former Special Forces soldier tied to both a controversial wartime mission and, later, to one of the largest alleged drug smuggling rings in the region’s history. Now, as District Attorney Ted Bell seeks re-election, the unresolved questions surrounding Van Buskirk, former Chief District Court Judge Randy Pool, and Superior Court Judge Tommy Davis are re-emerging — raising concerns about whether the region’s justice system ever truly confronted its own past. From Operation Tailwind to the Foothills Van Buskirk’s story began far from Rutherford County. A decorated Green Beret and member of the secretive Studies and Observations Group (SOG), Van Buskirk served during the Vietnam War in covert missions across Laos and Cambodia. His name later surfaced in CNN’s 1998 “Operation Tailwind” broadcast — a joint investigation by NewsStand and Time magazine that controversially alleged U.S. forces used sarin nerve gas on American defectors and enemy troops during a 1970 operation in Laos. The broadcast triggered outrage, prompting a Pentagon after-action investigation and an unprecedented retraction by both CNN and Time . According to the Department of Defense’s official “After Action Report on Operation Tailwind,” Van Buskirk was interviewed as a “central figure and information resource” for the story. The report states: “Former First Lieutenant Robert Van Buskirk, USA, was interviewed. Mr. Van Buskirk was a member of the SOG unit on the ground during the four-day operation and a central figure and information resource for the NewsStand broadcast and Time magazine article.” Investigators noted that Van Buskirk declined to answer direct questions about the alleged use of sarin gas but did provide “background information on other aspects of the mission.” He told the inquiry that, on September 14, 1970, as gas was dropped on his team’s landing zone, he saw his men “convulsing.” Van Buskirk, however, did not know that new CBU-30 tear-gas munitions had recently replaced the older CBU-19 in Vietnam. His reported comment, “Whatever it was, it worked. Whatever was on the LZ got us out alive,” became one of the most quoted lines in the Pentagon’s appendix. Ultimately, the investigation concluded that no nerve gas was used, and CNN and Time formally apologized, acknowledging serious reporting errors. Still, Van Buskirk’s participation cemented his place in a strange intersection of military secrecy and media scandal — foreshadowing the controversy that would follow him home. From Soldier to Alleged Smuggler When Van Buskirk returned to North Carolina in the 1980s, he became a businessman, landowner, and religious outreach leader. But federal investigators later alleged a darker double life. Van Buskirk purchased a large property known as Fox Haven Plantation in Rutherfordton along the Broad River, according to property records. It has been owned by BT Carolina Land Corp. since 1996 . According to declassified DEA summaries and local reporting from that era, the site allegedly became a hub for narcotics imported via small aircraft, part of a broader cocaine-smuggling network connected to the Cali Cartel . The network reportedly used rural airstrips, cash-based ministries, and shell trucking operations to launder proceeds. Federal agents from multiple agencies — DEA, IRS, and U.S. Customs — executed a reported 1993 raid on Fox Haven, seizing aircraft, financial records, and gold coins known as Krugerrands. Among those records, according to agents later interviewed by local reporters, was a ledger naming judges, attorneys, and law enforcement officials alleged to have received payments or favors. One of those names, sources said, was Tommy Davis, whose father, Toliver Davis, had served as a federal magistrate judge. Toliver was also a former NC state house of representatives member from 1955-1959. The raid, however, was suddenly halted, according to published reports, public records, and sources I’ve talked to. Agents were ordered to withdraw, and later found evidence and property missing. No full public accounting of the seized materials has ever been publicly released. Van Buskirk avoided major prison time through a plea deal in which he reportedly testified against Thomas Ruck, who fled and was later apprehended. Ruck served time in federal custody; Van Buskirk turned toward faith-based prison ministry work and charitable projects, some of which received support from local officials. The Death of a Key Figure In May 2014, Van Buskirk died after what was described as an accidental fall at Judge Randy Pool’s home during a church ministry event. The death certificate listed discrepancies in both the location and circumstances. Van Buskirk’s widow challenged the filing, claiming inconsistencies in how officials documented his death and the subsequent handling of his property and ministry assets. Among the missing items were gold Krugerrands and cash donations, she said. No law enforcement agency has reopened an investigation into Van Buskirk’s death. Judge Randy Pool: Ethics and Extortion By 2019, the name of Randy Pool, a long-serving Chief District Court Judge, reappeared in scandal — this time over a Facebook relationship with a woman named Jennifer Tierce, who attempted to extort him with explicit images. According to case filings, Pool reported the incident to a sheriff’s captain but did not initially file a formal complaint. The case was later referred to the State Bureau of Investigation (SBI) and the FBI, leading to Tierce’s prosecution for extortion. Although Pool was not charged criminally by Bell, the North Carolina Judicial Standards Commission found that he had violated judicial ethics. In 2020, the North Carolina Supreme Court formally censured him. Court records and affidavits filed that year alleged that Bell discouraged potential witnesses and victims from coming forward about other inappropriate conduct by Pool — accusations Bell has denied. Judge Tommy Davis: Questions Unanswered While Davis has never been charged or disciplined to my knowledge, his name’s reported inclusion in the ledger has prompted renewed scrutiny. Multiple law enforcement sources involved in the raid told reporters and officials (who I have interviewed on background) that the ledger listed payments and transactions between Van Buskirk and local officials. Davis has not commented publicly. His father, the federal magistrate, was reportedly involved in signing off on early search warrants connected to the raid — another layer of the Davis family’s proximity to the Van Buskirk case. Ted Bell: The Prosecutor Under Spotlight Ted Bell, the elected District Attorney for North Carolina’s 41st Prosecutorial District (Rutherford and McDowell Counties), now finds his handling of judicial misconduct under renewed public interest. Bell’s official campaign site emphasizes his commitment to “victims’ rights and justice with compassion,” and it even features a dedicated page on the Randy Pool case. Yet critics — including former law enforcement officers and victim advocates — argue that Bell’s office has failed to ensure transparency in cases involving judges and other insiders. As Bell campaigns for another term, these questions have re-emerged, fueled by the legacy of Van Buskirk, the secrecy surrounding the Fox Haven raid, and lingering doubts about the oversight of the judiciary. Why the Network Still Matters Three decades after the raid, law enforcement veterans say remnants of that smuggling and money laundering infrastructure may still operate in the region. 1. Active Smuggling Routes Federal and state narcotics task forces continue to identify western North Carolina as a corridor for methamphetamine and fentanyl trafficking from Atlanta and Mexico. The same rural runways and forest roads once used by Van Buskirk’s group remain active transit routes today, according to legal filings. 2. Institutional Memory Many of the individuals in power when the network operated — judges, prosecutors, and business people — retained influence long after. This continuity of leadership has made it difficult to separate legitimate governance from legacy connections. 3. Trust and Accountability For a justice system to function, citizens must believe it operates above politics and corruption. When past misconduct involving judges and prosecutors goes unexamined, the credibility of new prosecutions suffers. Timeline of Key Events 1970 — Operation Tailwind; Van Buskirk serves with SOG unit. 1986 — Narcotics trafficking allegedly begins locally. 1993 — Federal raid; ledger naming public officials reportedly seized. 1998 — CNN airs Valley of Death, alleging sarin use; Pentagon later debunks the claim. Van Buskirk cited in official after-action report. 2014 — Van Buskirk dies under disputed circumstances. 2019 — Judge Pool implicated in extortion case. 2020 — NC Supreme Court censures Pool; DA Bell accused in filings of suppressing victim accounts. 2026 — Bell seeks re-election; resurfacing of historical corruption questions intensifies. The CNN Fallout and the Van Buskirk Mystique The Pentagon’s report — and CNN’s subsequent apology — became defining moments for Van Buskirk’s public image. The report acknowledged that he was “a member of the SOG unit on the ground during the four-day operation” and “a central figure and information resource” for the media investigation, but found that his descriptions were misinterpreted by journalists unfamiliar with newer non-lethal munitions. Time magazine’s editorial team issued a rare public mea culpa: “The allegations in our broadcast and article were wrong. We regret the error and apologize to our readers and viewers.” For Van Buskirk, the controversy reinforced an aura of danger and secrecy — part whistleblower, part operative, part myth. When he later emerged as a wealthy landowner and ministry leader in rural North Carolina, his military mystique provided both credibility and cover. Judge Pool’s Fall and the Bell Connection When the Pool case exploded in 2019, Bell faced his most politically volatile test. Critics accused him of moving too slowly, while supporters credited him for pursuing an ethics case against a sitting judge — a rare move in small-county politics. But court filings alleged that Bell’s office had discouraged other victims from making statements about Pool’s conduct and limited the scope of inquiry to the Tierce extortion case. While no direct evidence of misconduct by Bell has surfaced to date, the perception of selective accountability persists. With his re-election campaign underway, those questions have resurfaced alongside the broader story of the Van Buskirk-Pool-Davis connection. The Silence Around Judge Davis J. Tommy Davis, the chief superior court judge in the district, has never made any statements on anything in this story to my knowledge. In my view, the absence of public statements and the lack of perceived transparency feed public suspicion. A man named Jay Lesher brought renewed attention to the issues when he included me in an email to lawmakers and members of the media. He also called for people to report what they may know to the FBI. Bell’s Re-Election and Public Trust Bell’s campaign emphasizes record-low violent-crime rates and his focus on community safety. Yet for many in Rutherford and McDowell counties, the deeper issue is transparency: whether the justice system has ever truly addressed its intertwined history of corruption and secrecy. Lesher and others have said that full disclosure — including release of any surviving federal or local records from past investigations — is essential to restoring confidence. What Accountability Might Look Like Experts in judicial ethics and criminal oversight suggest several steps that could help rebuild public faith: Declassification and review — Federal release of Fox Haven raid records by the DEA and related entities, including evidence such as the ledger, but that may not be helpful since law enforcement sources told me the ledger was “destroyed.” Independent inquiry — A non-partisan, neutral audit into historical judicial conflicts of interest in the district. Transparency from the bench — Judges addressing past allegations directly through public statements, in writing, online. The Broader Lesson Van Buskirk’s trajectory — from covert soldier in Operation Tailwind to alleged cartel conduit in the Carolinas — reflects how secrecy and authority can blur lines between service and exploitation. The CNN after-action report shows he was a man who saw the worst of covert war; the Fox Haven saga shows how such experiences can echo in civilian life, especially when institutions fail to confront their own entanglements. Three decades and a generation removed from Operation Tailwind, western North Carolina still grapples with the shadows left by actions that happened years ago, yet still have significant relevance today. It highlights how elected officials such as D.A. Bell approach questions of legacy as they seek another term from voters. The Pentagon’s findings underscore that Van Buskirk was no phantom but a real participant in a covert war whose memories blurred fact and myth. His postwar life, enmeshed in drugs, ministry, and judicial scandal, became a case study in how power networks persist long after their supposed collapse. As Bell’s re-election campaign unfolds, residents of Rutherford and McDowell Counties are being reminded that transparency is not a partisan issue — it is the lifeblood of justice itself. Until the full record of the Van Buskirk-Pool-Davis nexus is publicly examined, faith in the system will remain as fragile as ever. Sources: Department of Defense ( DVIDS / Air Force Historical Support Division ) Federation of American Scientists CNN Archive: “Pentagon Tailwind Report” TIME Magazine, “Tailwind: An Apology” Reporters Committee for Freedom of the Press North Carolina Judicial Standards Commission, Censure of Judge Randy Pool North Carolina court records ( eCourts ) Local and federal case filings ( Court Listener / PACER ) Various other sources (Visit my DocumentCloud ) This story has been updated. [ ]( https://anniedance.substack.com/p/court-report-judge-orders-january-hearing ) [ COURT REPORT: Judge Orders January Hearing on Rutherford County DA Case Jan 1 ]( https://anniedance.substack.com/p/court-report-judge-orders-january-hearing ) [ Read full story ]( https://anniedance.substack.com/p/court-report-judge-orders-january-hearing ) [ ]( https://anniedance.substack.com/p/breaking-news-2026-judicial-candidate-says-incumbent-knew-about-then-judge-randy-pool-improper-activities ) [ Breaking News: 2026 Judicial Candidate Andrew LaBreche Says His Tip Sparked FBI Scrutiny of Judge Randy Pool ]( https://anniedance.substack.com/p/breaking-news-2026-judicial-candidate-says-incumbent-knew-about-then-judge-randy-pool-improper-activities ) Annie Dance · December 10, 2025 [ Read full story ]( https://anniedance.substack.com/p/breaking-news-2026-judicial-candidate-says-incumbent-knew-about-then-judge-randy-pool-improper-activities ) [ ]( https://anniedance.substack.com/p/court-report-scoop-victim-files-petition-to-remove-district-attorney-ted-bell-from-office ) [ COURT REPORT SCOOP: Victim Files Petition Seeking Removal of DA Ted Bell From Office ]( https://anniedance.substack.com/p/court-report-scoop-victim-files-petition-to-remove-district-attorney-ted-bell-from-office ) Annie Dance · December 2, 2025 [ Read full story ]( https://anniedance.substack.com/p/court-report-scoop-victim-files-petition-to-remove-district-attorney-ted-bell-from-office ) — Annie Dance is the publisher of Cops & Congress, a newsletter that analyzes what happens when crime, courts, disaster, democracy, and small-town policies collide. Views expressed here are covered by the First Amendment. Share 🏛️ All those mentioned are presumed innocent until proven guilty. Thank you for reading and watching. Learn more about this newsletter and my background. I am guided by the Society for Professional Journalists’ Code of Ethics . Follow me on X (Twitter) and Facebook . Send constructive criticism, fan mail, and tips with public documents for future stories: CopsandCongress@gmail.com ICYMI: View the Cops & Congress archive ( 2025 / 2024 / 2023 )
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