ASHEVILLE, N.C. (828newsNOW) — A detainee who was mistakenly released from the Buncombe County Detention Facility on Thursday is back in custody, according to the Buncombe County Sheriff’s Office.

The Sheriff’s Office said Friday that Joseph Shustek, who was convicted of assault on a female in 2024 and assault with a deadly weapon in September 2025, was released in error on Oct. 2. Shustek had also appeared in court earlier this week for multiple probation violations. His cases remain under appeal in Superior Court.

Joseph Shustek
Joseph Shustek (Photo credit: Buncombe County Sheriff’s Office)

In a statement Friday, the sheriff’s office issued an apology, calling the release “a serious institutional failure” that caused fear and distress for the community and Shustek’s victims.

“The systems in place to prevent such an event failed, and for that, we are truly sorry,” the statement read.

Sheriff’s officials said every available resource was dedicated to locating Shustek, who has since been returned to custody. The office said it is reviewing procedures and making immediate changes to prevent a similar mistake.

The sheriff’s office also thanked the District Attorney’s Office for alerting staff to the release and working with the most recent victim to address safety concerns.