COLUMBUS, Ohio — Jury deliberations are underway Wednesday in the murder trial for former Columbus vice officer Andrew Mitchell.
Mitchell is charged with murder and voluntary manslaughter for the 2018 death of Donna Castleberry.
On the night Castleberry was killed, Mitchell picked her up during an alleged prostitution sting and was performing what he called a warrant check.
Mitchell was in plain clothes and in an unmarked vehicle during the sting. The 23-year-old woman reportedly asked to see his badge.
Police said a fight between the two ensued and Mitchell fatally shot Castleberry after she stabbed him in the hand.
During his testimony on Monday, Mitchell said he believed Castleberry was trying to kill him.
Last week, jurors listened to a recording of Castleberry’s final moments, during which she could be heard saying, “Do not put your hands on me, no help!,” and “Please help me!.”
Prosecutors argue Castleberry was acting in self-defense while Mitchell's attorneys argue it was actually Mitchell who was the one defending himself.
After five days of testimony, jurors got the case around 2 p.m. Wednesday. What they have to decide is if Mitchell acted in self-defense.
In total, there were 10 witnesses, including two use of force experts, and the defendant himself. During closing arguments, Mitchell stared straight ahead.
About 20 friends and family of Castleberry, who have been in court every day listened intently. There were also a handful of supporters for Mitchell on the other side of the aisle.
In his closing, defense attorney Mark Collins argues even though jurors heard Castleberry screaming for help, her actions said something else.
“You look at the conduct. The conduct is resisting, the conduct is non-compliance. The conduct is the slashing. The conduct is the choking. The conduct is getting around to the back where a reasonable officer would believe the person is a threat,” Collins said.
Prosecutor Dan Cable Mitchell did not reassess the situation when Castleberry moved to the backseat, and should not have shot her.
“He did what he decided to do when she was in the front seat and that was kill her. He shot until his gun jammed,” Cable contended.
A caveat in Ohio law and the way Mitchell is charged does not allow the jury to find Mitchell guilty of both charges, murder and voluntary manslaughter.
The jury has to also consider whether Mitchell's actions were "objectively reasonable" given the facts and circumstances.
Mitchell is also facing federal charges for allegedly forcing women to have sex with him under the threat of an arrest, pressuring others to cover up crimes and lying to federal investigators when he said he’d never had sex with prostitutes.
Last year, Columbus City Council approved a settlement of more than $1 million in Castleberry’s death.