Lyons man accused of pulling a gun and threatening to kill people set to plead guilty

Gary Pemberton

A Lyons man who went to a neighbor’s home with a gun, looking for another man, allegedly saying he was going to kill him, is accused of also threatening to kill everyone in the house.

One person called 911. Officers from several departments responded, and the man’s been in jail since his arrest on March 1. Last week he agreed to plead guilty to felony intimidation with a deadly weapon.

Gary Wayne Pemberton, 41, Lyons, was booked in to the Greene County Jail then charged with two counts of intimidation with a deadly weapon, both Level 5 felonies, and carrying a handgun without a license, a Class A misdemeanor.

Greene County Sheriff’s Deputy David Elmore, the investigating officer, was dispatched to Lyons on Thursday, March 1. The Indiana State Police had received a 911 call from a man who said his neighbor, Pemberton, who lived in a mobile home three doors down the road, had been at his home with a gun threatening to kill people.

Then dispatch received another call from the same person saying Pemberton was back again, knocking on the door, possibly with a black .40 caliber handgun.

When Elmore arrived, Bloomfield Deputy Marshal Lt. Marvin Holt was already there with his weapon drawn covering Pemberton’s residence, a mobile home where he was located.

While Elmore was attempting to make contact with Pemberton using his patrol vehicle’s loud speaker, the front door opened and three individuals emerged from the home. They were ordered to the ground.

One was Pemberton with what Elmore said appeared to be an excessive amount of blood all over him. He was handcuffed.

The other two were children, without visible injuries. They were told to stand up and step away from the situation. According to Elmore, they were the children of Pemberton’s girlfriend. They had just arrived home from school about 10 minutes before police showed up. They later told officers they had never seen Pemberton with a real gun before.

Other officers had been arriving to assist including Deputy Marshal Russell Walls from the Worthington Police Department and GCSD Deputies Chris Anderson and Anthony Pope.

An ambulance also arrived and medical personnel treated Pemberton for cuts on his hands and head but after that, he was medically cleared by rescue personnel.

Elmore, who prepared the probable cause document, said they found Pemberton’s house in disarray with broken glass and blood throughout the house.

When the man who called 911 was interviewed, along with other family members present in his home during this incident, they all said Pemberton arrived with blood on him looking for a man who was not there. They all told officers Pemberton said he was going to kill the man, then said he would kill all of them as he pulled a gun out from a jacket pocket. They said they felt their lives were in danger.

The gun Pemberton brandished was not located in his residence but he later showed officers where to find it – hidden in a relative’s shed. When found, the magazine had multiple rounds loaded and one round was chambered.

A records check revealed Pemberton did not have a permit to carry a handgun.

Pemberton was on probation when this incident occurred. He was convicted of possession of a narcotic drug, a Level 6 felony, in 2017. He was given one year and 180 days with all suspended except for 90 days. Following his release, he was spending the suspended sentence on probation. After his latest arrest, a petition to revoke the suspended sentence was filed, which caused a doubling of the amount of his bond.

Pemberton’s total bond was set at $41,000 surety with ten percent allowed. He did not post bond and has remained in jail since his arrest.

Last Tuesday, a negotiated plea agreement was filed, signed by Pemberton, Chief Public Defender Alan Baughman and Chief Deputy Prosecutor Keven McIntosh.

After a pre-sentence investigation report is completed by the Greene County Probation Department, Pemberton is expected to plead guilty to one count of Level 5 felony intimidation with a deadly weapon. The other two counts will be dismissed. He will be sentenced to four years in the Indiana Department of Correction with no days suspended but he will be given credit for time already served.