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Franklin County prosecutor not surprised jury acquitted former Columbus officer in retrial

Former Columbus vice officer Andrew Mitchell was found not guilty in the death of Donna Castleberry on Tuesday.

COLUMBUS, Ohio — In a rare interview, Franklin County Prosecutor Gary Tyack said he was not surprised jurors found former Columbus Police vice officer Andrew Mitchell not guilty of all charges in Donna Castleberry's death.

“I think it is not easy to convict a police officer in central Ohio anyway. This was such a unique situation because the average person wants to believe a police officer would not lie under oath,” Tyack explained.

Tyack said he is proud of the case his prosecutors tried, despite the jury’s decision.

“I thought it was entirely possible they reach that decision. I was not bothered by it in the least. Everything I heard was that our people tried a good case,” Tyack said.

Mitchell was charged with murder and voluntary manslaughter after he shot and killed Castleberry while she was sitting in his unmarked police vehicle in 2018.

The night Castleberry was killed, Mitchell had picked her up during an alleged undercover prostitution sting. 

While attempting to arrest Castleberry, the two ended up in a fight. Castleberry cut Mitchell with a knife before he fired six shots inside the vehicle. Mitchell claimed he acted in self-defense after she stabbed him in the hand.

Mitchell's first trial in 2022 ended in a hung jury. After two and a half days of deliberations, they could not come to an agreement. Jurors told the judge nine of them were in favor of acquittal and three for a guilty verdict.

“The family, obviously, still strongly felt that their family member had been taken from them inappropriately. We've had a real problem with some of the prosecutors in this town never wanting to have a police officer convicted, so I thought it was important,” Tyack said.

Tyack said he is glad jurors were able to come to a decision this time.

“It was an important matter, I can live with the result. The fact that it won't be tried again is probably a beneficial thing. That would have been a tough decision if they had hung a second time,” Tyack explained.

This is the first law enforcement officer to face charges in an on-duty death during Tyack's tenure. He says this acquittal will not play a role in prosecuting future cases.

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