CINCINNATI — The second day of the trial of Bengals running back Joe Mixon was filled with witness testimony from people who interacted with the alleged victim in the moments after he allegedly pointed a gun at her.
Mixon was expected to take the stand to testify in his own defense Tuesday, but instead the judge opted to end trial early after a witness for the prosecution was not available to appear in court. The trial will continue into Wednesday, when the defense is expected to call its witnesses — including Mixon.
The trial is a bench trial, meaning the judge will determine guilt at the end of the 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 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 on Monday, her testimony ran until Municipal Court Judge Gwen Bender adjourned for the day.
The defense questions the alleged victim again. They point out she never told the officer in her statement that she was sacred, rather in situations like that she doesn’t get scared, she gets angry. The defense also brings the nature of her words into question. @WCPO
— Valerie Lyons (@VLyonsTV) August 15, 2023
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 latter and "stand her ground."
That line of questioning garnered numerous objections from the prosecution.The victim said race had nothing to do with her choice to use those words. She was angry in the moment, she said. @WCPO
— Valerie Lyons (@VLyonsTV) August 15, 2023
The alleged victim concluded her testimony Tuesday morning.
Next, prosecutors called an employee at Nothing Bundt Cakes who said Mixon was in the bakery the day of the alleged threat. The employee described her encounter with Mixon when he came into the bakery, which included taking a selfie with her.
She said Mixon was friendly and warm, telling the court she saw Mixon give a man money on the street because he was having a hard time. When she carried the cakes Mixon ordered out to his car, she said she did not see a gun inside the vehicle.
After she stepped down from the stand, the alleged victim's boss was called to testify; he corroborated the story the woman accusing Mixon told during her time on the stand. He said when his employee walked into work after the alleged incident, "she was frazzled, upset, scared."
Harris says the alleged victim appeared distraught, emotional.As she was speaking her voice was quivering. “What did you conclude about the mental state she was in?” Prosecution asks. “She was extremely nervous and sacred,” Harris says. @WCPO
— Valerie Lyons (@VLyonsTV) August 15, 2023
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