CINCINNATI — Bengals running back Joe Mixon did not testify during day three of his trial Wednesday.
Mixon was expected to testify Tuesday, but instead the judge opted to end trial early after a witness for the prosecution was not available to appear in court.
The defense was expected to call its witnesses Wednesday, including Mixon, but the entirety of the day was taken up by the state's witness, a Cincinnati police sergeant.
The sergeant took over the investigation into Mixon's case in February after charges were initially dropped before being refiled in April.
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.
The sergeant told the court he interviewed the alleged victim about a week and a half after the alleged incident. He said she was emotional and shaking.
The state asked the sergeant to review and describe surveillance video of Mixon allegedly driving downtown before the incident allegedly took place.
He said the video shows Mixon changing lanes multiple times within a single city block, despite parked cars he might encounter.
Defense attorneys pushed the sergeant on elements of the investigation, forcing him to confirm that no one from CPD went to Paycor Stadium to speak with Mixon in the weeks that followed.
He also confirmed that elements of the alleged victim's statements were not included in a police summary.
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.
On Tuesday, the courtroom was filled with witness testimony from people who interacted with the alleged victim in the moments after he allegedly pointed a gun at her.
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.
On the first day of the trial, the alleged victim in the case took the stand. She 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.
We’re hearing the alleged witness’ account of what happened in her own words.
— Valerie Lyons (@VLyonsTV) August 15, 2023
She says Mixon was aggressive and threatening her.
Again we hear the allegation Mixon was holding a gun in his left hand.
Yesterday, the defense argued Mixon is right handed. @WCPO
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."
The alleged victim concluded her testimony Tuesday morning. Following that, several other witnesses testified to their interactions with either Mixon or the woman in the moments before and after the alleged incident; one witness described Mixon as friendly and warm during her encounter with him that same day.
“You are what’s wrong with America” the defense quotes the alleged victim saying.
— Valerie Lyons (@VLyonsTV) August 15, 2023
Defense also mentions how she called Mixon a b***c.
“Would you agree that calling a black man a b***c is a form of a slap down?” The defense asks the victim.
She says no. @WCPO
The alleged victim's boss was also 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."
Several law enforcement officers also testified about their encounter with the alleged victim, describing her as scared and upset.
