Michael Hinners, 67, was convicted of involuntary manslaughter, a Class D felony, earlier this summer in Calhoun County.

Hinners was arrested April 9, 2022, after fatally shooting his brother, 58-year-old Anthony Hinners, in front of Michael Hinners’ home in Pomeroy. Michael Hinners, who evidence showed was heavily intoxicated, admitted to shooting Anthony, but said it was a drunken accident. Hinners was initially charged with first-degree murder, but District Court Judge Derek Johnson found that the prosecution failed to prove beyond a reasonable doubt that Michael Hinners intended to shoot and kill his brother.

Testifying at Michael Hinners’ sentencing hearing Friday morning at the Calhoun County Courthouse, his sister, Sandra Huster, said she felt that her brother needs substance abuse treatment and mental health counseling, and she worries he won’t receive the resources he needs in prison.

“I don’t think prison would do any good for him,” Huster said.

Charles Long, Michael Hinners’ brother-in-law, testified that the defendant has been staying at his home during pre-sentencing release and was attending mental health counseling.

Assistant Iowa Attorney General Nicole Leonard argued that the maximum sentence of five years incarceration was appropriate given the circumstances of the shooting.

“Mr. Hinners took his brother’s life,” Leonard said. “And he did so in a very reckless manner, according to the court’s own ruling, and has caused a lot of pain.”

The events that led up to Anthony Hinners’ death were caused by choices made by the defendant, she said.

“Mr. Hinners chose to be intoxicated,” Leonard said. “He chose to be intoxicated to that higher level and chose to use a firearm or have a firearm that discharged and killed his brother. All of those are choices that were made by this defendant.”

Defense attorney Christopher Kragnes noted in his arguments that several of Michael Hinners’ sisters and other family were present to show support for the defendant.

“He has family support,” Kragnes said. “He is living with family. And while I understand that this has created a significant fissure and fracture within the family itself, which is completely understandable, we do have a lot of family support here today on behalf of Michael.”

Michael Hinners was given the opportunity to speak on his own behalf.

“It was a bad situation, a bad accident,” he said. “It tore my family apart … I’m sorry for everybody.”

Tearing up, he asked the court for mercy in its ruling.

Three victim impact statements were read, including one by Anthony Hinners’ daughter, Abby Hinners.

“My dad was a young, active, healthy man who was 58 turning 59 the month he was shot and killed,” she said through tears. “He was the most protective, most loving, strongest full-of-life man I’ve ever known. His light and personality were unlike any other.”

The shock and trauma of her father’s death still haunts her, Abby Hinners said. What took place was “evil and scary,” she said.

“I am a Christian, and I believe in God’s word and obey to the best of my abilities, and even when it can be a struggle — through him I have strength,” Abby Hinners said. “So I’m choosing to forgive you the way Christ forgave me.”

In handing down the sentence, Johnson emphasized Michael Hinners’ use of a firearm while intoxicated.

“Throughout my life I’ve heard arguments for and against gun control,” he said. “About the only thing both sides of that debate or issue agree upon is that guns should not be placed in the hands of the wrong person — and on April 9, 2022, the gun was put in the hands of the wrong person.”

Johnson noted that this is Michael Hinners’ fourth criminal conviction that involved alcohol and warned the court won’t tolerate any future offense involving alcohol.

“Enough is enough,” Johnson said. “…This could have easily been avoided. You are aware of guns, you are aware of gun safety, you’ve been handling guns. A drunk person with a gun pointing at another individual — whether they’re happy or mad or joking around — is such a dangerous formula and you see the results here today.”

Johnson sentenced Michael Hinners to the maximum term of incarceration under Iowa law for a Class D felony — an indeterminate term of up to five years in prison. Michael Hinners will receive credit for the 14 months served in jail while awaiting trial and is ordered to continue with substance abuse treatment and mental health counseling while incarcerated. He will also have to pay $150,000 restitution to Anthony Hinners’ estate.

Court records show that Hinners filed a notice of appeal roughly half an hour after the conclusion of the sentencing hearing.