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Michael Lee Kendall, a former Glenville police officer is appealing his conviction on burglary and weapons charges.
Kendall is saying he was justified in drawing his gun and entering a home where he expected to find a drunk driving suspect he'd been after in a high-speed chase than went into another county.
The state contends the Clarksburg resident violated the homeowner's constitutional rights and should have gotten a search warrant, saying the incident degenerated into an episode of "Starsky and Hutch."
Kendall chased Kevin Tingler from Glenville into Ritchie County. During the chase, which reportedly reached speeds of 100 mph, Kendall reportedly rammed Tingler's truck and fired a shot at him after Tingler's vehicle struck a mailbox.
The former officer reportedly lost sight of Tingler during the chase, but continued to search for him.
A Gilmer County grand jury indicted Kendall in 2003 on eight felonies, including attempted voluntary manslaughter, wanton endangerment and kidnapping.
He was convicted a year later on lesser changes, brandishing and felony burglary. He was sentenced to 20 days in jail and five years of probation.
Currently, the sentence is stayed pending a Supreme Court appeal sometime this month.
His attorney Jerald Jones said the Gilmer Circuit Court was wrong when it permitted prosecutors to instruct a jury that Kendall needed a search warrant to enter a house belonging to Tingler's father.
The state denies any kind of misconduct by prosecutors.
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