Following a two day trial and approximately two hours of deliberations, the jury The Honorable Steven L. Shaffer presided over the case.
Tucker County Prosecuting Attorney along with Kyler Carlisle, Assistant Prosecuting Attorney, represented the State in the case. Mignano appeared in court represented by his defense team led by Attorney Sam Hess.
Mignano, 33, was tried on the four felony counts stemming from allegations from a March 29, 2026 incident in which Mignano was accused of pointing a loaded firearm at his ex-girlfriend and three other individuals, which included two minors, both aged 15, in and around a van located on her parents’ home in Douglas.
The allegations were substantiated by witness testimony in court by the two minors. The first to testify was the ex-girlfriend’s 15-year-old brother. He testified that he encountered Mignano while he was outside the van relieving himself. He said the four victims had been “hanging out” in the van playing Xbox, watching movies and he along with the two adults had been drinking alcohol.
At around midnight, Mignano, who he called “Nick” came from next door and asked about his sister. The brother said due to the couple fighting earlier in the day, he didn’t want to get in the middle of things and lied about her being there. Mignano then shined a flashlight in the van to see who was in the van.
The brother then said that he saw a black handgun with a green laser light and Mignano “cocked it like six times” due to the weapon jamming. He then said that Mignano continued to yell, “Is that Haiden? Is that Haiden?” and had an angry demeanor.
The animosity towards the victim listed in court documents as “Haiden P.” stems from the ex-girlfriend cheating with him in September of the previous year, according to court testimony by both the prosecution and defense. Haiden and the ex-girlfriend were in the van along with the brother’s 15-year-old friend at the time of the incident.
A six second video, taken by the brother, was entered into evidence and shown to the court by the prosecution. In it, Mignano is shown at the van and heard yelling about “Haiden.” A green laser light is also visible in the video along with the light from the flashlight on the ex-girlfriend sitting in the van.
A second video was entered into evidence and shown. This video was taken by the second witness, the other 15 year old victim, the brother’s friend. In the video, the brother and Mignano are seen in what was described throughout the trial as a “tussle” following the brother punching Mignano in the face. The video also clearly showed the laser light’s trajectory.
During the video Mignano can also be clearly heard to say, “I just got sucker punched and I’m about to shoot” and “You’re about to get shot.”
Mignano’s attorney claimed self defense in the case and that he was “sucker punched” by his ex-girlfriend’s brother. However, he was the only person armed that night, according to testimony.
Mignano was the one to call authorities. During his 911 call, which was played and entered into evidence by the prosecution, no mention of the weapon was made by Mignano. Mignano had a wound through his face, just above his lip and a bloody and “broken” nose, which took some time to stop bleeding. The brother sustained some bruising, according to testimony.
Sgt. B.T. Zirk of the Tucker County Sheriff was first on scene. Zirk said that Mignano admitted to having the firearm, but that he said that it was not involved in the incident. The weapon was located on Mignano’s couch at his residence and placed into evidence. When located, it was loaded and contained a live round in the chamber. After he secured the weapon, Zirk said he took statements.
Zirk was assisted on scene by Cpl. B.M. Gidley of the Tucker County Sheriff. Gidley had Mignano fill out a statement form and then went to the neighboring residence to assist Zirk. Gidley described the scene as messy and “trashy” with alcohol cans strewn, but there was no blood or shell casings around the van. Following his assessment of the scene, Gidley returned to the Mignano residence and retrieved the statement form in which there was no mention of the weapon.
Next to testify for the prosecution was Trp. G.P. Hahn of the West Virginia State Police. Trooper Hahn was the officer who took Mignano’s written statement following his arrest. In his audio statement, which was entered into evidence and played for the court by the prosecution, Mignano claimed the brother was circling him and he warned him “Don’t do it.” Mignano also said he remembered drawing the weapon. Hahn was the only witness to not be cross examined by the defense.
The defense presented no witnesses in the case and Mignano did not take the stand.
Counts One through Three were for Wanton Endangerment with a Firearm for the three victims in the van. The jury was also given the option to convict on a lesser included charge of Brandishing. Count Four was for Wanton Endangerment with a Firearm for the brother outside of the van. As with the first three counts, the Jury could consider the lesser included charge of Brandishing.
Following around two hours of deliberation, the jury returned a verdict of guilty on all four felony counts of Wanton Endangerment with a Firearm. Each count carries a possible sentence of a definite term of years of not less than one year nor more than five years, or, in the discretion of the court, confined in the county jail for not more than one year, or fined not less than $250 nor more than $2,500.
Following conviction, Mignano was remanded to the custody of the Tygart Valley Regional Jail pending the securing of a $50,000 post-conviction cash surety bond. As a condition of bond, Mignano is to have no contact with any of the victims (within 1,000 feet), no firearms and submit to probation supervision.
Sentencing has been scheduled for November 13 in Tucker County Circuit Court.
