By Curtis Johnson, The Parkersburg News
WEBSTER SPRINGS, W.V. -- A Webster County, West Virginia jury found former Glenville Sgt. Michael Kendall innocent of eight of the nine original counts against him, said defense attorney Jerald Jones.
“He is relieved. He was certainly facing a great deal of felony charges and that is always a concern,” Jones said.
Jurors deliberated for about two hours before returning a verdict around 6 p.m. Monday. The verdict found him innocent of three counts of kidnapping, three counts of wanton endangerment, one count of attempt to commit voluntary manslaughter and one count of burglary.
Jurors convicted Kendall of felony burglary and misdemeanor brandishing of a weapon, which was a lesser-included offense of wanton endangerment.
The charges stem from a March 7, 2003 police chase where Kendall pursued Kevin Tingler, 20, and fired one shot into his truck.
“We’re always hoping for a not guilty verdict on everything. Under the circumstances I’m disappointed, but not surprised,” Jones said. “We were able to get them (charges) knocked down substantially.”
Glenville Police Chief John Moss, who believed his officer acted in “good faith,” was speechless when first told of the verdict.
“If he was found guilty by a jury of his peers you kind of have to go along with that. There is nothing you can do about it,” Moss said.
“I would hate to see him serve any jail time since he was a law enforcement officer. It would be kind of dangerous in there.”
Kendall remained free on bond Monday evening, while his defense considered appeals. Jones said an appeal would depend on post-trial motions, sentencing, and if Circuit Judge Jack Alsop sets any of the charges aside.
“The odds are that won’t happen,” Jones said of any chance Alsop would set aside charges.
Sentencing has been scheduled for April 12 in Gilmer County.
Gilmer County Prosecutor Gerald Hough and Tingler were unavailable for comment Monday evening.