CINCINNATI — Bengals running back Joe Mixon was in court Monday afternoon for his trial. He faces an aggravated menacing charge after a woman accused him of waving a gun at her.
The trial will be a bench trial, meaning the judge will determine guilt at the end of proceedings instead of a jury of Mixon's peers. The judge determined the proceedings would not be allowed to be live-streamed; in addition, every witness testifying opted out of audio and video recording, so none of their testimonies could be filmed.
In January, Mixon allegedly pointed a firearm at a woman and stated, "You should be popped in the face. I should shoot you, the police can't (sic) get me," according to court documents. The offense allegedly happened the day before Cincinnati took on the Buffalo Bills in the divisional round of the playoffs.
The defense says this comes down to “he said, she said.”They say the alleged victim was the aggressor telling Mixon repeatedly “You’re what’s wrong with America.”Defense says the victim claimed Mixon had a gun in his left hand, but they argue Mixon is right handed. @WCPO
— Valerie Lyons (@VLyonsTV) August 14, 2023
The charges against Mixon were initially dropped in February before a charge was refiled in April.
"This decision was reached following the discovery of new evidence during the investigative process," read a statement from CPD.
After the charge was refiled, Mixon appeared in court and pleaded not guilty. The charge is a first-degree misdemeanor and could carry a maximum sentence of 180 days, a maximum fine of $1000 and a maximum of five years of probation in Ohio.
While all witnesses opted out of recording, the alleged witness in the case is protected under Marsy's Law, which means she cannot be identified in any way. The second to take the stand, her testimony ran until Municipal Court Judge Gwen Bender adjourned for the day.
While on the stand, the woman told prosecutors Mixon cut her off while she was driving downtown on her way to work. She claimed the running back was hostile, cussing at her through his rolled-down window, before pointing a gun at her and threatening her with it.
During her testimony, she said she had feared for her life during the 15-20 second encounter, but even with that fear, when in "fight or flight mode" she tends to opt for the former and "stand her ground."
The defense honed in on that confession, suggesting she instead was the aggressor that day.
She joined in on the volatile exchange, the alleged victim admitted. She also said she had made an obscene hand gesture at Mixon once she pulled up beside him at a street light before the heated words were shared.
"Well actually you're the one that's guilty of road rage here, are you not?" defense attorney Scott Croswell asked her. "Is road rage when you take a picture of someone's license (plate), pull around and give them the finger and say, 'Hey, f—k you?"
The woman denied Croswell's accusations. Croswell then argued she never told police she feared for her life, instead pointing out multiple times how angry she was during the exchange, even suggesting she taunted Mixon.
"B—h if you're going to pull a gun on me, use it," Croswell quoted her testimony.
"Is that what you said on the record?" he asked. "Yes," she replied.
But the alleged victim told the court that while she too accosted Mixon, she was terrified, staring down the barrel of his gun. She didn't make an effort to drive away from the situation because they were at a red light and she didn't want to break any traffic laws.
The defense also zeroed in on the alleged victim's claim that Mixon was holding a gun in his left hand. Mixon is right-handed, they argued. That point was corroborated by Mark Herren, who serves as director of security for the Bengals.
Herren took the stand before the alleged victim. His testimony was brief.
He provided security video to the prosecution showing Mixon pulling through the players' gate before parking and walking into Paycor Stadium shortly before 2 p.m. that day.
Herren said the players needed to be at the stadium by 2 p.m. to board the buses that would shuttle them to the airport to depart for Buffalo.
This is not Mixon's first misdemeanor charge. When he was in college, Mixon entered an Alford plea to an assault charge in 2014 for punching a woman, breaking bones in her face. An Alford plea means a person admits a trial would likely yield a guilty verdict, but does not admit to committing the crime.
He was suspended for an entire season following the assault charge.
Mixon's home was recently involved in a crime as well when a 16-year-old was wounded in a shooting in Anderson Township in March.
Lamonte Brewer, the boyfriend of Mixon's sister, is accused of injuring the teen, who was playing a game of "dart wars" with Nerf guns when the shots were fired. He was charged with felonious assault, tampering with evidence and having a weapon under disability.
Shalonda Mixon, the running back's sister, was indicted on one count of tampering with evidence and one count of obstructing justice.
Mixon is not facing any charges regarding this incident.
Last month, Mixon restructured his contract to stay with the Bengals in Cincinnati.
Mixon, who was a second-round draft pick for the Bengals in 2017, had 210 carries for 814 yards and seven touchdowns last season.
The Bengals 2023-24 season kicks off Sunday, Sept. 10 in Cleveland against the Browns.
The first day of the trial adjourned shortly before 4 p.m. and will resume at 9:30 a.m. Tuesday. The alleged victim's testimony will continue with cross-examination from the defense.
Watch Live:
