NAACP calls for release of man, FBI Investigation into Holly Springs police after new video footage emerges

The NAACP is questioning the arrest of a Holly Springs man for pellet gun shootings that took place more than two years ago.

Henderson Atwater was arrested in 2021 after authorities said he was behind a series of pellet gun shootings that started in March 2020. He was charged with 26 counts of shooting into an occupied property and two counts of assault with a deadly weapon.

The NAACP is calling for Atwater's immediate release. As of Thursday, he faces more than 200 years in prison if convicted of the charges.

The Raleigh-Apex NAACP held a news conference Thursday demanding a federal investigation into the case.

NAACP leaders say law enforcement originally identified the suspect as a white man. Last April, Atwater's defense team obtained video they say shows a white suspect behind the wheel of an Audi.

“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."

Attorneys filed a motion to dismiss charges in March, saying Atwater's constitutional rights have been violated.

“[The] state failed to provide that evidence, destroyed it and then stated it could not be produced,” the motion alleges.

The motion provides photos of Atwater's car – a Volkswagen Jetta – and compares it to security footage of the car thought to be involved, a black Audi. There is also a grainy photo of the driver, but it's hard to make out.

Wake County District Attorney Lorrin Freeman said her office is doing its due diligence to be fair in this case.

“I think the allegation here is that somehow there has been intentional wrongdoing by the police department or by our office,” Freeman said. “We deny that."

Freeman says one video was not initially turned over, but it was handed over as soon as it was brought to their attention.

Atwater’s attorney did not want to speak on camera.

The Holly Springs Police Department released a statement on Thursday.

“The body of evidence in this case is compelling,” the statement reads. “The allegation made today by the NAACP has already been ruled on in preliminary motions by the courts and the case is moving forward to trial."

Atwater remains in jail and still says he's innocent.

“We are confident that the evidence will prove that Mr. Henderson Atwater is innocent,” Vasconcellos said.