A Wake County man accused of committing a series of non-fatal air gun shootings was released on bond last night after spending nearly three years in jail.
Henderson Atwater’s release came in the wake of a Monday hearing that saw his bond reduced from $1.5 million to $100,000.
It’s a significant development in a court case marked by police incompetence and a stunning lack of evidence. Atwater was tried on 17 charges in August of this year and the jury hung, leading presiding judge Paul Ridgeway to declare a mistrial. Wake County District Attorney Lorrin Freeman intends to retry Atwater on the same charges at a future proceeding.
At the bond reduction hearing Monday, Atwater’s defense attorneys presented Ridgeway with a slideshow of evidence that had not been exhibited at the August trial, including a case report revealing that Holly Springs police had at one point cleared Atwater as a suspect based on the same surveillance camera footage that, at trial, prosecutors said showed Atwater.
Atwater’s defense attorneys didn’t present evidence in August because they forfeited their right to make a case—a decision made in part because, lead defense attorney William Pruden told the INDY this summer, the state withheld a large amount of discovery until several weeks before the trial, thwarting the defense’s ability to prepare.
The slideshow Pruden and defense attorney Chad Axford presented on Monday emphasized how key pieces of discovery had been sent to them at the last-minute, with dates of receipt labeled in a bright red font.
Atwater cried tears of joy when the judge agreed to reduce his bond and tightly embraced family members upon his release Wednesday night.
A vocational rehabilitation consultant will help Atwater find employment, Pruden says, and Atwater’s family is currently raising money to cover legal fees and costs associated with his electronic monitoring device.
“Our primary goal was getting Henderson home,” Pruden says. “If the DA does end up retrying the case, the exculpatory evidence won’t be coming at the eve of trial like it was last time. So we will be more than prepared.”
Follow Staff Writer Lena Geller on Twitter or send an email to [email protected]. Comment on this story at [email protected].
Support independent local journalism.
Join the INDY Press Club to help us keep fearless watchdog reporting and essential arts and culture coverage viable in the Triangle.
You must be logged in to post a comment.