Case of pellet gun shootings in Holly Springs ends in mistrial

The years-long trial of a man charged in a series of pellet gun shootings in Holly Springs ended this week in a mistrial.

Chad Axford, defense attorney for Henderson Atwater, told WRAL News prosecutors were not able to convince all 12 jurors that Atwater was guilty.

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.

He remained steadfast in his claim of innocence throughout the process.

Wake County District Attorney Lorrin Freeman said there are still similar pending charges against Atwater that her office will pursue. She also said the case involves many charges and several other victims that were not part of this intial trial.

"What is left now is one, a review by the State; a determination as to how and when to move forward with the cases that did go before the jury, and the additional charges that were not part of that trial, that can also be tried at a later date," Freeman said.

Freeman said he office talked with jurors to determine next steps.

"There were, I think, originally 40 different cases," Freeman said. "Those are the same types of charges that remain as what were previously joined together for the purposes of this trial."

WRAL News asked Freeman about allegations brought forth by the NAACP.

"A lot of those issues have been raised, in motions by Mr. Atwater’s attorneys," Freeman said. "Those motions have been heard in open court, responded to by our office, and ruled upon by judges.

"And ultimately, the courts have entered orders, that allowed this case to continue to move forward. It is never our intent to move forward in a case where we don’t believe there is sufficient evidence to take a case to a jury. We take our responsibility to only pursue those cases where the evidence will support a conviction very seriously."

Atwater's attorney, Chad Axford, released a statement on Tuesday.

"l plan to file a motion to have Mr. Atwater’s $1.5 million bond reduced following the mistrial on the 17 counts he faced," Axford wrote. "I’m also prepared to defend my client, should the [district attorney] move forward with another trial on the remaining charges."