CABELL COUNTY, W.Va. — A Cabell County man accused of preventing law enforcement from executing a search warrant on his late son which led to shots being exchanged between the son and deputies has had some charges declared as a mistrial.
On Monday, following about 12 hours of deliberation, a Cabell County jury declared a mistrial in the charges of attempted first-degree murder against Michael Lane Pinkerman, of Ona. Pinkerman was convicted on one count of obstructing an officer. The jury did find him not guilty of malicious assault on a law enforcement officer and wanton endangerment.
He was charged in October 2019 with two counts of attempted first-degree murder, two counts of malicious assault on a law enforcement officer, one count of wanton endangerment and one count of obstructing an officer.
Defense attorney Tom Peyton said the jury is “deadlocked” on the two charges of attempted murder.
“They didn’t tell us whether it was guilty or not guilty, but they were split 10 to 2 on the two charges,” Peyton said.
The Kanawha County attorney said he doesn’t believe Pinkerman will be tried again on the two attempted murder charges.
“That is a decision that the prosecuting attorney will have to make,” said Peyton.
The charges are in connection to an incident from Oct. 30, 2019. Cabell County sheriff’s deputies tried to serve a search warrant at Pinkerman’s home in Ona. Deputies were looking for Pinkerman’s son, Michael Pinkerman II in connection with a stolen firearm. Pinkerman II was being investigated as a suspect in a shots-fired call at the Ona Volunteer Fire Department earlier in the week. Three fire trucks were damaged from 13 shots that were fired.
Deputies with the Cabell County Sheriff’s Department came to the back door of the home trying to serve the search and arrest warrant for Pinkerman II. Deputies claim Pinkerman was blocking the door when law enforcement arrived. Peyton said there’s a dispute between him and the deputies on whether Pinkerman was trying to open the door for the deputies, or if he was trying to keep it shut and prevent deputies from getting to his son.
“My client says he was trying to open the door for police, but they say he was trying to hold it shut,” Peyton explained.
Meanwhile, Pinkerman II allegedly came out of his bedroom with a pistol and shot at the two deputies. Both survived after being struck. Deputies returned fire and killed Pinkerman II.
“He was hit with multiple rounds and passed away as a result,” said Peyton.
Peyton said neither Pinkerman or his wife had any knowledge about what their son had allegedly done. They were at their home at around 6 p.m. when deputies showed up to their home.
“There was no evidence that my client or his wife knew about any involvement between their son and the police leading up to this incident,” Peyton said.
Following Monday’s verdict, the judge revoked bond for Pinkerman. He was taken into custody and is expected to appear in court next on March 11 for his sentencing.