Jury now deciding if Andrew Mitchell was justified in killing Donna Castleberry

When Andrew Mitchell and Donna Castleberry crossed paths on Aug. 23, 2018, on Sullivant Avenue, it started as a typical undercover police encounter.

But within 10 minutes, it had turned deadly.

Castleberry, who was 23 and working as a prostitute as she battled a drug addiction, was mortally wounded after meeting Mitchell, who was working undercover as a Columbus police vice officer and did not have his badge or police radio with him.

What started as a cordial interaction between them then became a scuffle and then a shooting.

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A jury is now considering whether Mitchell, now 58, is guilty of murder, voluntary manslaughter or not guilty after hearing closing arguments Wednesday from the attorneys in the case.

Mitchell is the first Franklin County law enforcement officer in more than 20 years to face a murder charge for an on-duty shooting.

Assistant Franklin County Prosecutor Sheryl Prichard said the key issue for the jury was whether Mitchell was justified in using deadly force during the confrontation or whether he acted unreasonably, committing a crime.

Prichard played the audio recorded on Mitchell's cellphone of the encounter and pointed out how Castleberry accused Mitchell of kidnapping women and then asked a man passing by to call police.

"That's what started this tragic chain of events," Prichard said. "Her cry for help."

Prichard asked the jury to consider why Mitchell didn't take advantage of his opening of the driver's side door of his Mitsubishi Galant to create distance from Castleberry. Mitchell testified in his own defense that he was "trying to get away" from Castleberry.

"There was an opportunity he never took," Prichard said, adding that Mitchell failed to reassess the situation and evaluate whether Castleberry, who had slashed Mitchell's hand with a knife, posed an ongoing threat after moving to the back seat of the car.

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Prichard also pointed out the timing between the six shots Mitchell fired before his firearm jammed. There was 0.96 seconds between the first two shots, 2.4 seconds between the second and third, 3.9 between the third and fourth, 3.7 between the fourth and fifth and 1.9 between the fifth and sixth.

In his closing argument, Mitchell's attorney, Mark Collins, told the jury they had to consider whether Mitchell was in fear for his life, as he testified that he was.

"You know when someone's coming after you," Collins said. "You know when someone's going to finish the job."

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Collins said Mitchell acted in an effort to defend his own life after suffering a severe cut that required 34 stitches and a blood transfusion, as well as being choked nearly to the point of unconsciousness by Castleberry.

He said the prosecution bent facts to support their belief that Mitchell is a murderer.

"He told you what was going through his mind," Collins said. "They want to say because he didn't have a badge, he's a murderer."

Collins told the jury that Castleberry's conduct had to be considered under the law, but her words cannot because that was not a part of her conduct.

In a rebuttal closing, Assistant Franklin County Prosecutor Dan Cable told the jury that Castleberry's words "must be very damning" for Collins to ask the jury to discount them as part of her overall conduct.

"The singular thing that Donna Castleberry wanted was out of that car," Cable said. "She was not trying to hurt Andrew Mitchell."

Cable also said Mitchell's "entire world had changed" when Castleberry went into the backseat, where the child locks were engaged and she could not exit the vehicle, but Mitchell's plan didn't change with that.

"From the time he reached over and unbuckled his seatbelt, Donna Castleberry was dead," Cable said. "There was no way she was getting out of that car alive."

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While Mitchell is facing both murder and voluntary manslaughter charges, a caveat in Ohio law and the way Mitchell is charged does not allow the jury to find Mitchell guilty of both charges. The jury has to also consider whether Mitchell's actions were "objectively reasonable" given the facts and circumstances.

The panel of 12 jurors did not hear any testimony about unrelated federal charges that are pending against Mitchell, accusing him of forcing women to engage in sexual conduct in exchange for avoiding arrest.

Andrew Mitchell faces federal charges: More federal charges filed against former Columbus vice officer

Throughout the trial, the jury also did not hear evidence that Mitchell was under investigation by the Division of Police for similar actions.

If Mitchell is convicted on the murder charge, he faces a sentence of life in prison without the possibility of parole for 15 years. If Mitchell is convicted on the voluntary manslaughter charge, he faces a sentence of between three and 11 years in prison.

If the jury finds Mitchell not guilty, he will remain in police custody on the federal charges, which are scheduled to go to trial this summer.

bbruner@dispatch.com

@bethany_bruner

This article originally appeared on The Columbus Dispatch: Jury deciding if ex-Columbus police vice officer shooting justified