PERU – An Indianapolis man acquitted of attempted murder but convicted of domestic violence in an incident in Miami County was recently sentenced to a year in prison in the Indiana Department of Correction.
That sentence against Achery Nailon, 43, was stayed because time had already been served, court documents show.
In addition to finding Nailon not guilty of his attempted murder charge, the jury also acquitted the suspect last month on charges of kidnapping, criminal confinement while armed with a deadly weapon, intimidation, criminal recklessness committed with a deadly weapon, pointing a firearm at another and unlawful possession of a firearm by a serious violent felon, according to court documents.
Police say these charges stem from an incident that occurred on Jan. 27, 2024, while Nailon and his then-wife were in a vehicle together along US 31 in Miami County, according to court documents.
Police said Nailon was a passenger in the vehicle and the woman was behind the wheel.
According to a probable cause affidavit filed in the case, Nailon and the female resident had reportedly visited Nailon’s relatives in South Bend and were on their way back to Indianapolis when the incident occurred.
The woman involved in the case told investigators that Nailon “struck her twice in the face with a closed fist” and “grabbed her hair several times,” according to court records, in an attempt to take the woman’s cell phone. to take.
When the attempt was unsuccessful, Nailon allegedly reached into the backseat and retrieved a firearm, the woman told authorities. She added that Nailon then allegedly pointed the firearm at her head and began “threatening to kill her,” at one point allegedly grabbing the steering wheel and trying to push the vehicle off the road, court records show.
However, during the trial, the defense questioned the reliability of the victim’s testimony, arguing that her story changed over time, according to the Peru Tribune. That testimony was the prosecution’s key evidence.
