Prosecutors are moving to put Timothy Lee Hayden back behind bars, asking a judge yesterday to revoke the bond of the Richmond County man accused of opening fire on two Ellerbe firefighters during a Labor Day call and wounding one of them. Court records say Hayden skipped two court-ordered breathalyzer tests that were part of his pretrial release. He is scheduled to return to Richmond County court next Wednesday for a bond revocation hearing, a new twist in a case that has already rattled volunteer firefighters and local officials.
Prosecutors cite missed breath tests
In their motion filed yesterday, prosecutors asked a judge to revoke Hayden's bond, arguing that court documents show he missed two mandatory breath tests and violated a no-alcohol condition, as reported by WSOC TV. According to the outlet, Hayden was ordered to take breathalyzer tests twice a day while on release and to stay away from alcohol entirely. Prosecutors say the missed tests undercut the court's safeguards and are urging the judge to pull his secured bond.
How deputies say the shooting unfolded
Authorities say the shooting unfolded in the early morning hours of Sept. 1, 2025, when Ellerbe crews responded to a tripped alarm at a home on Green Lake Road and were met with gunfire, according to WRAL. Deputies report that an AR‑15 style rifle was used and that one firefighter, later identified as Assistant Chief Jerry Shepard, was shot in the leg and airlifted to a trauma center in Chapel Hill. Investigators arrested Hayden at the scene and charged him with multiple felonies, including assault on emergency personnel and assault with a deadly weapon.
Bond history and local reaction
Hayden later secured release on an $880,000 bond, a move that packed the courtroom with firefighters and town leaders and drew sharp criticism, as covered by WSOC TV. Local reporting chronicled how the shooting shook the volunteer ranks and the wider community, while earlier coverage by shot in leg responding to alarm followed the aftermath. Prosecutors now argue that the missed breath tests show Hayden is not complying with release conditions and are asking the judge to pull his bond before trial.
What the law allows and what to watch for
Under North Carolina law, prosecutors can ask a judge at any point to modify or revoke pretrial release for "good cause shown," and a judge may revoke an order of pretrial release if conditions are violated, according to N.C. General Statutes Chapter 15A. If the court finds that Hayden broke the terms of his bond, his secured bond could be forfeited and he could be held in custody until trial. The March 4, 2026 hearing is expected to determine whether Hayden remains out under monitoring or is sent back to jail while prosecutors continue to build their case.
