Man accused of pellet gun shooting in Holly Springs released on bond

Henderson Atwater faced charges related to a series of drive-by pellet gun shootings in Holly Springs several years ago.

Despite spending months in jail, missing the funerals of his mother and teenage son, Atwater steadfastly maintained his innocence throughout his incarceration.

However, his legal journey is far from over.

Case of pellet gun shootings in Holly Springs ends in mistrial

In an emotional moment, Henderson Atwater, for the first time in nearly three years, embraced his family members, expressing his feelings of relief upon regaining his freedom.

"I'm feeling great. I'm glad to be free," Atwater said.

He left jail wearing an ankle monitor as a condition of his release.

Atwater faced charges for a series of drive-by pellet gun attacks that occurred in Holly Springs between 2020 and 2021.

"It's been rough. It's been rough," Atwater said. "I did a lot of crying. I broke down a lot."

Atwater's release follows a recent hearing where a judge reduced his bond from one-and-a-half million dollars to 100 thousand. Despite a mistrial in August, where a jury found insufficient evidence for 17 of the over 40 charges, Atwater remained in jail on related charges not covered in that proceeding.

"While we have some grave concerns about the investigation, we're just happy Henderson's out," Atwater's attorney said.

In August, Atwater faced trial for 17 of the more than 40 charges against him. The trial ended in a mistrial due to insufficient evidence, but Atwater stayed in jail on similar charges that were not part of that trial.

Atwater's family says their grateful is he'll be home for the holidays.

"It was hard, but thank God we made it through," Atwater's dad said.

The state continues to support its evidence. According to Wake County District Attorney Lorrin Freeman, the case is still pending, and the office intends to schedule a new trial for February.

The case dates back to March of 2020, when the first pellet gun shootings were reported.

Atwater was arrested in 2021 and had faced 26 charges of shooting into an occupied property and two counts of assault with a deadly weapon, with a penalty of more than 200 years in prison if convicted of the charges.

Wake County deputies said since March of 2020, they have received 32 incident reports of cars, people and houses being shot by a pellet gun. The first shooting was reported on March 7, 2020, and the latest shooting was on Jan. 20, 2021.

Deputies said in the 26 cases where cars were hit by pellets, the victims were driving and were hit by Atwater as he drove in the opposite direction. In two of the shootings, the victims were hit by pellets and injured.

“This video evidence had been in possession of the Holly Springs Police Department since April of 2020,” said NAACP first Vice President Dr. Mark Vasconcellos. “This is a clear case of police misconduct."