Suspect in Silt kidnapping case believed daughter was sexually assaulted, defense argues
A man accused of holding a foster family at gunpoint suspected his daughter was being sexually assaulted, his defense argued in Garfield County District Court on Thursday.
“It’s clear in the discovery that Mr. Pinkard has had concerns, whether valid or not, that his daughter’s being — or has been — sexually abused,” Public Defender Elise Myers told Judge Denise Lynch.
Myers said Janvier Pinkard, 35, suspected of breaking into a Silt foster home Dec. 20, 2020 and demanding to see a safe where they allegedly stored child pornography, was possibly motivated by “concerns for his daughter.”
The 3-year-old daughter’s mother was living in the foster home at the time of the incident. Myers argued on Tuesday the courts, initially charging Pinkard with felony kidnapping, burglary and false imprisonment, have yet to produce documents in relation to previous juvenile cases alleging dependency and neglect against the mother.
Myers filed motions for the courts to review those documents in camera — in private in the judge’s chambers — to see if they’re admissible and material to Pinkard’s arrest. Meyers said, however, the only documents released to the defense were produced by the Department of Human Services, which only highlight subsequent investigations on the night of the incident.
In addition to Pinkard suspecting foul play against his daughter, Myers also argued that further documents could support Pinkard being motivated to hold a foster family at gunpoint by possible issues with his mental condition.
“If he believes that his daughter was being sexually trafficked, whether or not that was happening, isn’t necessarily the threshold determination, right?” she said. “It is purely an issue of his defense.”
Deputy District Attorney Ben Sollars argued, however, that support for Pinkard’s motives were “pretty thin.”
“I know that from the records that this court released there are allegations made by Mr. Pinkard that the court, human services and foster parents in general have sexually trafficked his 3-year-old daughter,” he said. “(But) I’m having a difficult time concluding that that would have any relevance over whether or not he committed the crime in question.”
In January, Sollars also noted that Pinkard has multiple felonies on his record. He said Pinkard has criminal history linked to several states, including California, Kansas, Illinois and Florida.
According to arrest records, Pinkard is accused of using a handgun to force his way into the Silt home. During the incident, he waved the gun in his former spouse’s face. He also swept the interior rooms with the firearm, including allegedly across a small child.
After demanding to see their safe, which the woman said they didn’t have, Pinkard left the house through the front door.
Pinkard was arrested a day later and placed on $100,000 cash surety bond. He also was charged with misdemeanor counts of violation of protection order, child abuse, harasssment, felon in possession with a weapon and intimidating a victim.
While being booked into the Garfield County jail, authorities discovered narcotics on Pinkard’s person. Pinkard was then caught trying to destroy a combined 33 grams of methamphetamine and methylenedioxymethamphetamine (MDMA) by either flushing it down the toilet or personal ingestion.
Pinkard would receive additional charges, including felony tampering of physical evidence, introducing contraband in the first degree as well as misdemeanor unlawful possession of a controlled substance. He’d also be placed on an additional $7,500 bond.
Myers would later submit a motion to Lynch to significantly reduce both bonds, which Lynch denied in January.
Lynch on Thursday agreed to hold an off-docket hearing in March in relation to Myers’ request for documents pertaining to juvenile cases as well as further documents from the Department of Human Services.
The hearing is set for 9:30 a.m. March 2.
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