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, now 58, was charged with killing Castleberry on Aug. 23, 2018, while he was 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, the prosecutors on the case 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 the 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 that the passenger side of the car was up against the building and the doors on that side could not be opened.
