Defense attorneys Wednesday focused on the Cincinnati police investigation into Joe Mixon’s alleged road rage incident in January.
The prosecution called a Cincinnati police sergeant as a witness in Mixon’s misdemeanor aggravated menacing trial, which entered its third day Wednesday. The sergeant did the primary investigation into the incident.
Hamilton County Municipal Court Judge Gwen Bender is presiding over the bench trial, as Mixon waived a jury trial.
Prosecutors said Mixon pointed a gun at the victim on Jan. 21, while their cars were adjacent as they turned from Second Street onto Walnut Street. The victim was being publicly identified under Marsy’s Law provisions. The woman said Mixon had cut her off in traffic. After photographing his license plate, according to testimony, she pulled up next to him and flipped him off.
Defense attorneys argued that the victim started the confrontation when she made the offensive gesture at the red light, and Mixon was only reacting to her rage. There’s no evidence a gun was present outside of her testimony, and no one can corroborate her story, lawyers said.
An overhead view video of Third Street was presented as evidence by prosecutors. The sergeant pointed out Mixon’s car, which apparently moved abruptly from the left to the center lane.
Under cross-examination, Mixon’s attorney, Merlyn Shiverdecker, referenced the victim’s statement to police. In her statement, she said she slammed on her brakes, and so did Mixon shortly after. Lawyers pointed out no brake lights could be seen in the video and it isn’t even known whether Mixon was driving the car.
The defense reiterated it could not be proven Mixon ever had a gun in his car that day. The sergeant reportedly looked into concealed carry permit records and could not find anything to show he had a firearm described in the woman’s police statement.
“Suffice it to say, you’re not in the posture today to testify Joe Mixon (had this gun),” Shiverdecker said, adding that the incident could not be confirmed or refuted. The sergeant agreed.
The city is expected to rest its case Thursday. Court resumes at 9 a.m.
Charges dropped, then refiled
In February, Mixon was charged with aggravated menacing following the incident. A warrant was issued, making national news. But the charges were immediately dropped so police could further investigate.
At the time, the prosecutor said charges could be refiled and said the woman who made the complaint indicated she would go forward with the case.
Police Chief Teresa Theetge said the investigation was not finished and there was a new piece of evidence. The case was assigned to a new investigator. Cincinnati’s police union president said the original investigator was transferred to a different district over the incident.
Mixon was recharged in April with the same misdemeanor. Aggravated menacing is a first-degree misdemeanor, the most serious level, and is punishable by up to six months in jail and a maximum $1,000 fine.
Enquirer reporter Cameron Knight contributed to this report.
Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.
