Judge binds over majority of criminal counts for kidnapping, extortion suspect | PostIndependent.com

Judge binds over majority of criminal counts for kidnapping, extortion suspect

Janvier Pinkard case to reconvene later this month

Janvier Pinkard.

Editor’s note: This story has been update to correct the identity of the woman who was in the house the night of the incident.

A Garfield County judge determined Thursday there is sufficient evidence for all felony charges to carry over to trial against a man accused of forcefully entering a Silt foster care home using a handgun in 2020.

“I think there was sufficient evidence at this point,” Lynch said.

Janvier Pinkard, 36, is accused of forcefully entering a Silt foster care home using a handgun Dec. 20, court records show. His stated motivation was to find a safe that contained “child pornography” concerning his 3-year-old daughter. No child pornography was found.

The foster mother — Annette Kapturkiewicz — was at the time living in the house.

Pinkard allegedly grabbed Kapturkiewicz and pointed the gun at her while he swept the interior. At this time a roommate came out of a nearby bedroom and entered the living room.

Pinkard eventually threatened to kill anyone in the room if they told anyone about it, according to court documents.

Pinkard was arrested the next day. But during the booking process, Garfield County deputies discovered a combined 33 grams of meth and methylendioxymethamphetamine (MDMA).

Pinkard is charged with numerous felonies, including menacing, first-degree burglary, criminal intent first-degree kidnapping, and felon in possession of a weapon and intimidation of a victim, among other charges.

In addition, Pinkard is charged with misdemeanor violation of a protection order, child abuse and harassment.

During Pinkard’s incarceration at the Garfield County Jail, a search of his jail cell May 7 revealed a plastic water bottle suspected of containing fermented liquid.

During Thursday’s testimonial, Silt Police Chief Mike Kite, who was dispatched to the foster home after Pinkard left, attested that Kapturkiewicz told him in a follow-up witness statement that Pinkard found and held his 3-year-old daughter in his arms after he forced his way into the house.

After Pinkard demanded to see the safe and Kapturkiewicz led him to a back bedroom to open what she called a “lockbox” and no child pornography was found, Pinkard started to ask his daughter questions.

According to public defender Scott Troxell, Pinkard asked his daughter if she was “touched by anyone.” Pinkard’s daughter said Kapturkiewicz did not touch her.

Pinkard pressed on, asking his daughter who did touch her.

“And his daughter’s response was, ‘The bad guys,’ right?” Troxell asked Kite, who was on the stand.

“Correct,” Kite responded.

Troxell later argued that Pinkard’s felony counts of kidnapping and extortion be dropped since Kapturkiewiczwas not actually forced by Pinkard against her will.

“The testimony we heard today from Chief Kite is that Mrs. Kapturkiewicz herself indicated that she was not forced, that she, in response to Mr. Pinkard asking about a safe, indicated that she did have a lockbox in the bedroom, that she went to the bedroom to the lockbox and that Mr. Pinkard followed her,” Troxell said. “I certainly don’t think that rises to a kidnapping charge.”

Troxell said the extortion charge as it is written — Pinkard having the intent to force Kapturkiewicz against her will — is unclear and is not based on fact.

In response, Assistant District Attorney Ben Sollars said Kapturkiewicz was simply trying to get Pinkard, revealed to be holding a .38 Derringer, out of her house as fast as possible.

“During this interaction, he is pointing a gun at her head,” Sollars said.

Pinkard’s next court appearance is scheduled for 10:30 a.m. Oct. 21.

Reporter Ray K. Erku can be reached at 612-423-5273 or rerku@postindependent.com.

Support Local Journalism

Support Local Journalism

Readers around Glenwood Springs and Garfield County make the Post Independent’s work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.

Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.

Each donation will be used exclusively for the development and creation of increased news coverage.