The fate of an ex-Columbus police officer is now in the hands of a Franklin County jury. Mitchell is charged with murder and voluntary manslaughter for the August 2018 shooting death of 23-year-old Donna Castleberry.
Prosecutors and defense attorneys spent several hours Wednesday giving the jury closing arguments to consider. The case started last week in Franklin County Common Pleas Court.
Prosecutors and the defense agreed on some facts of the case.
Andrew Mitchell was a police officer on the city’s controversial and now-disbanded vice squad in 2018. Donna Castleberry got in his car. There was a confrontation, and the now-58-year-old Mitchell shot the 23-year-old six times in the back seat of the unmarked car.
But whether or not Mitchell was justified in shooting the woman is where prosecutors and defense attorneys disagree.
Prosecutors say Mitchell – who is facing federal charges the jury didn’t hear about, accusing him of forcing women to have sex with him to avoid arrest – created an “atypical” encounter with Castleberry.
Familiar with the procedures of the vice squad, when Mitchell told Castleberry he was a cop, she asked to see his radio and badge. Castleberry called for help, screamed for Mitchell to keep his hands off her and to get off of her. According to recordings played in court, Castleberry appeared to think Mitchell was trying to kidnap her. The state argues Mitchell had the chance to deescalate the situation -- he could have opened the door and left the vehicle -- but didn’t, and instead shot her. A reasonable officer wouldn’t have shot her, the state argued.
But the defense argues the shooting was justified according to the standards police officers are held to.
Defense attorneys said Castleberry assaulted Mitchell, was on drugs and had no right to refuse arrest, no matter what she seemed to believe. And, they said, even if Castleberry really thought Mitchell was trying to kidnap her, that helps make the shooting justifiable, because Mitchell could reasonably believe Castleberry would not stop fighting against him without force. The defense argued that any reasonable officer would have shot her.
