CINCINNATI — Bengals running back Joe Mixon was found not guilty of aggravated menacing, a county judge ruled Thursday.
“The standard of reasonable doubt is the highest standard that we have in our justice system, as it should be,” Hamilton County Municipal Court Judge Gwen Bender said before issuing her ruling. “After a careful review of all of the evidence presented at trial, including the stipulations and the testimony presented today, I cannot say the city sustained its burden.”
Mixon had been accused of pulling a gun on a woman after a road rage incident and saying he should shoot her in the face, but Bender said city prosecutors failed to present enough evidence to prove the misdemeanor aggravated menacing charge.
The alleged incident took place Jan. 21 — the day before Cincinnati faced the Buffalo Bills in the AFC divisional playoffs.
Mixon’s defense attorneys argued the woman, whose name was not disclosed in court, was enraged and was not under the belief that Mixon would cause serious harm, which is the basis of aggravated menacing under Ohio law.
Attorney Merlyn Shiverdecker said the group was happy with Bender’s decision. Mixon did not make any statements after the verdict, and his counsel declined interview requests.
“The organization is pleased that this matter is now behind everyone,” the Bengals said in a statement, “and we look forward to an exciting season with Joe being an important part of the football team.”
If Mixon had been convicted, he could have faced up to a year in jail and a $1,000 fine.
Mixon has spent his entire six-year career with Cincinnati since the team drafted him in the second round in 2017. He agreed to a restructured contract in July that has a cash value of $5.8 million — a $3 million decrease from his cash value in 2022.
In 2022, Mixon made 14 starts and had 1,255 yards from scrimmage and nine touchdowns. He is fifth in franchise history in career rushing and was selected to the Pro Bowl in 2021.
Two major factors were at the heart of the case: whether the victim was angry instead of afraid and whether there was enough proof that Mixon indeed pointed a gun.
On Thursday, Shiverdecker cited an exhibit showing that Clermont County authorities went to Mixon’s home to see what kind of gun might have been used. The woman said she saw a gun but was unable to provide a detailed description.
“Joe has a lot of guns, but there were no baby guns, no small guns that even remote matched the nebulous description,” Shiverdecker said while filing a motion for acquittal.
While Bender denied the motion, Mixon’s defense team opted not to have Mixon testify or present any additional evidence before closing arguments.
In closing arguments, R. Scott Croswell, Mixon’s co-counsel, did not dispute the claim that Mixon was driving erratically and cut off the woman, which was backed up by video evidence that was introduced in court.
“We’re not here to determine whether Joe Mixon operated his motor vehicle properly or not,” Croswell said.
City attorney Tim Horsley established that the woman was headed to work and had no idea Mixon was driving the vehicle until charges were initially filed. The case was initially dismissed in February to allow the city more time to investigate further before it eventually refiled the case in April.
“No explanation is provided for why she would make all this up, and she’s able to identify the person and the vehicle and so forth,” Horsley said.
But a little more than 20 minutes after closing arguments, Bender ruled the prosecution had not met the burden required to convict Mixon.
While Thursday closed criminal proceedings for Mixon, he is still dealing with the fallout of another gun-related incident from earlier in the year. Mixon is facing a lawsuit regarding the shooting of his teenage neighbor in March that resulted in felony assault charges against Lamonte Brewer, the boyfriend of Mixon’s sister.
Court documents suggest the teenager was playing a game involving toy guns, and the boy was struck in the foot by a bullet fired from Mixon’s backyard, according to Hamilton County officials. Mixon was never considered a suspect, but the lawsuit alleges Mixon supplied the bullets and Zastava M92 gun that was matched to the weapon used in the shooting.
In 2014, while a student at Oklahoma, Mixon entered a plea deal after being accused of punching a woman and was suspended from football activities for one year.
Information from The Associated Press was used in this report.
Source:ESPN
