COLUMBUS, Ohio — A question of whether the use of deadly force was justified was the center of former Columbus vice officer Andrew Mitchell's third day of trial on Thursday.
Mitchell shot and killed 23-year-old Donna Castleberry in August 2018 inside his unmarked police vehicle after he picked her up during an alleged prostitution sting. He said he acted in self-defense after she stabbed him in the hand.
Following the incident, prosecutors alleged it was Castleberry who was defending herself, pointing to the fact she was found shot in the back of Mitchell’s car while reportedly attempting to escape.
Former FBI agent Yurey Patrick testified for the prosecutors and argued that Mitchell's actions were not justified.
"You find at one point he was justified, but then it changed?” Franklin County Prosecuting Attorney Sheryl Prichard asked during trial.
“For me, it changed after he had been injured and he opened the door and you can see his head outside the car and you can see her head moving in the backseat. That's as far away as she could get," Patrick responded. "At that point, the circumstances are changing."
Defense attorney Mark Collins challenged that opinion.
“Is it reasonable for him to believe after he's been sliced once and after he's choked, it's reasonable for a police officer to believe that as she comes toward me to the back, she could slash me, right?" Collins asked. Patrick said that's scenario was possible and reasonable.
Collins asked Patrick if he was aware Castleberry had drugs in her system at the time, Patrick said no, despite the fact that he had the coroner’s report that listed the drugs that were in her system.
The defense is expected to call their first witness on Friday.