IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO, Plaintiff, vs, : Case No. 19CR-1662 ANDREW K. MITCHELL, : Judge Not Assigned : Magistrate Chris Lippe For Arraignment Defendant. Mori ‘THE STATE OF OHIO TO HOLD THE DEFENDANT PURSUANT TO STATUTE WITHOUT BAIL OR BOND. Now comes the State of Ohio and respectfully moves the Court to hold the Defendant, who was a Columbus Police Officer at the time of the offense and only available to the State on a Writ, without Bail or Bond for the reason that he has been indicted for one count of Murder and one count of Voluntary Manslaughter and faces up to a Life sentence. Under Section 2937.22 ORC his release would pose a substantial risk of serious physical harm to others; and the defendant is a Federal prisoner under indictment in the Southern District of Ohio Case No. 2:19- CR- 00053 and being held without bond on a detention order from the Magistrate with findings that there is no reasonable condition that will assure the safety of the community or his, appearance as required. For such reasons he should also be held without bond on the State case. Respectfully submitted, Js) Ron O'Brien Ron O'Brien Supreme Court ID Number #0017245 Attomey for the Plaintiff, State of Ohio Prosecuting Attorney 373 South High Street, 14th Floor Columbus, Ohio 43215 robrien@franklincountyohio.govTelephone: (614) 525-6393 Fax: (614) 525-5205 s/_James L. Lowe James L. Lowe #0063452 Assistant Prosecuting Attorney MEMORANDUM IN SUPPORT OF STATE’! |OT I Section 2937.22 provides that bail should be denied when the defendant's release from custody would create a substantial risk of serious physical harm to individuals and/or the community at large--something the State is prepared to present to the court at a hearing. Under the statute when a defendant shot a police officer who was serving a search warrant an order of detention without bond was upheld in State v. Derrick Foster 08AP-523, 2008-Ohio-3525 (Franklin County Court of Appeals, 10" Appellate District, Rendered 7-15-08). In this case the defendant was a Columbus Police Vice officer on duty at the time of the offense who shot Donna Castleberry, who he was attempting to arrest for a misdemeanor soliciting for prostitution charge, and when she questioned his status as a police officer, and asked for his badge as identification he was unable to produce one since he left it on a uniform used for special duty. CPD regulations require plainclothes and particularly undercover officers acting in a covert capacity to carry their badge and ID at all times. Moreover, the defendant did not have his walkie with him. Ms. Castleberry was aware of those indicia of law enforcement from a prior arrest and expressed the belief that she was being kidnapped and would be raped rather than arrested because she did not believe he was a police officer. When, despite the lack of his badge he attempted to handcuff her, Ms. Castleberry resisted the arrest and cut the defendant with a knife in the palm of his hand. Thereafter, to escape him she jumped into the back seat of the undercover vehicle where she was locked in by both doors due to child control locks.Nevertheless, while seated in the front seat and/or partially outside the vehicle the defendant shot Ms Castleberry six times, causing her death. By returning the indictment herein the grand jury necessarily found that the use of deadly force by Officer Mitchell was far beyond the scope necessary to protect himself from any additional harm Ms. Castleberry. Two of the counts in the federal indictment allege that the defendant kidnapped and sexually assaulted victims under the guise of an arrest. Therefore, based upon the above the State requests that the defendant be held without bail on this two count indictment pending assignment to a Judge and trial on the merits. Respectfully submitted, {s! Ron OBrien Ron O'Brien Supreme Court ID Number #0017245 ‘Attorney for the Plaintiff, State of Ohio Prosecuting Attorney 373 South High Street, 14th Floor Columbus, Ohio 43215 rjobrien@franklincountyohio.gov Telephone: (614) 525-6393 Fax: (614) 525-5205 Isl James L, Lowe James L. Lowe Assistant Prosecuting Attorney CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing will be hand delivered to Mark Collins and Kaitlyn Stephens, co-counsel for the defendant, at his arraignment on April 5, 2019. {SL_Ron O’Brien Ron O'Brien #0017245,