Felon Charged with Assault and Possession of Firearm

On November 19th, 2021, Officers with the Morganton Department of Public Safety were dispatched to 224 Falls Street in reference to a disturbance. Burke County Communications received a call about a man holding a female against her will and was in possession of a firearm. Officers arrived on scene and was able to locate the female who had been physically assaulted. The suspect in this case had already left the scene prior to Law Enforcement’s arrival. Officers were able to interview the female and learn that Derek Wayne Simmons, 30, of McDowell County had been on scene and left a firearm behind. The firearm was seized by Law Enforcement and the victim was given medical aid at a local medical facility. A Warrant for Arrest was obtained for Derek Simmons by Public Safety Officers and a follow up was conducted shortly after at the apartment complex. When officers arrived on scene, they found the apartment had been forced open and Derek Simmons was on inside. Simmons was taken into custody without incident and transported to the Magistrates office. Simmons was charged with the following:

Possession of Firearm by Felon (F)
Stalking (M)
Assault on a Female (M)

Simmons was given an initial $20,000 secured bond for the felony charge and an additional $10,000 secured bond for the domestic related charges following a 48 hour hold. Simmons was given a court date of November 22, 2021.