Retrial on tap for ex-cop who killed woman
Franklin County Prosecutor Gary Tyack says his office intends to retry former Columbus police vice officer Andrew Mitchell on criminal charges in connection with the 2018 shooting death of 23-year-old Donna Dalton Castleberry.
Earlier this month, a jury was unable to reach a verdict on charges of murder and voluntary manslaughter against Mitchell, and Common Pleas Judge David Young declared a mistrial.
Mitchell, 58, was charged with killing Castleberry on Aug. 23, 2018, while working an undercover prostitution sting. His attorneys have argued he acted in self-defense after Castleberry slashed his hand.
At the time of the mistrial, prosecutors did not comment on whether they would take Mitchell before a jury again.
“It is our current intention to have a trial on Mitchell,” Tyack told The Dispatch this week. “If (the jury) hang(s) again, then we will have to decide if we are just wasting everybody’s time and money.”
Janet Grubb, Tyack’s first assistant prosecuting attorney in charge of the criminal division, said issues like whether they will bring the same or different criminal charges against Mitchell are under review.
No new trial date has been set.
Mark Collins, Mitchell’s lead defense attorney, said his team is prepared.
“If the prosecutor wants to retry the case, we’re happy to defend our client fully to ensure he has his day in court. We can’t wait for the next trial,” Collins said.
What happened that fateful day Castleberry was shot
While working undercover as a Columbus police vice officer, Mitchell picked Castleberry up along Sullivant Avenue around 11:30 a.m. on Aug. 23, 2018. He drove to the side of an apartment building in Franklinton so the passenger side of the car was up against the building and the doors on that side could not be opened.
According to an audio recording captured by Mitchell’s cellphone, Castleberry did not believe the plainclothes Mitchell when he said he was a police officer and shouted help to a passerby. Mitchell did not have his badge or a police radio with him when he picked up Castleberry, which was a violation of city Division of Police policy.
Castleberry still did not believe Mitchell when he produced a blank crime form and his division employee identification, and said she had heard about a man who was kidnapping women for sex.
When Mitchell pulled out handcuffs, Castleberry slashed Mitchell’s right hand with a pocket knife and climbed into the back seat in what prosecutors said was an effort to get away from Mitchell. But the rear driver’s side door of the Mitsubishi Galant sedan had the child-proof lock on preventing her from opening it from the inside.
Mitchell then used his left hand to take out his gun and fired three times before switching to his injured right hand and firing three more.