Attorney breaks down unanswered questions after case against Bengals Joe Mixon reassigned

The so-called rush to judgment in the Joe Mixon matter does not preclude an ultimate judgment. Cincinnati police have reassigned the case to a different investigator, and there are a number of ways it could go. Three days after a criminal charge against the Bengals ‘ running back was dropped, there’s nothing yet about whether he is in the clear. It all depends on what investigators find about what did or did not happen on Walnut Street near the stadium two Saturday afternoons ago, right before the team traveled to Buffalo. A 43-year-old Northern Kentucky woman alleged there was a road rage incident during which Mixon pointed a gun at her, stating, “You should be popped in the face. I should shoot you, the police can’t get me.” There might be video evidence that could help police in determining whether a new charge is warranted. “If you make a threat and point a gun, case law in Ohio says you could be charged with felonious assault,” attorney Jason Phillabaum said. not involved in the case but has both prosecuted and defended clients. He noted it’s legal to open carry in Ohio and that a higher charge could hinge on whether Mixon felt endangered.” What I think makes this case difference is there was a threat being made on top of it, Phillabaum said. “Not showing the firearm, back off, leave me alone, but showing the firearm saying, ‘I can shoot you,’ or, ‘I can do this, no one can get me.’ That could escalate it to a potential felony range because it’s now beyond a self-defense.” Phillabaum believes police are examining video from the surrounding area if it exists, re-interviewing the alleged victim to find out if her story is consistent or has cracks in it. He said police would try to identify and interview any witnesses.” They’re gonna want to talk to them, and then probably they’ll ask Mixon for a statement. At this point, I would suspect that his attorney would provide the statement for him,” Phillabaum said. Among the potential outcomes: exoneration, recharging Mixon with aggravated fishing, or presenting the case to a grand jury which could bring a higher charge such as felonious assault.”I think it’s fair for justice to make sure they do the right thing,” said Phillabaum. “I am a little shocked, though, that it was charged so quickly, and now they’re doing the investigation as opposed to doing this to begin with.”Attorneys said it was “very rare” to have a charge made and then dropped .If the Mixon case goes to a grand jury, it might take or two additional weeks to present it. Investigators have not signaled where things stand at the moment.

The so-called rush to judgment in the matter of Joe Mixon does not preclude an ultimate judgment.

Cincinnati police have reassigned the case to a different investigator, and there are a number of ways it could go.

Three days after a criminal charge against the Bengals’ running back was dropped, there’s nothing yet about whether he is in the clear.

It all depends on what investigators find about what did or did not happen on Walnut Street near the stadium two Saturday afternoons ago, right before the team traveled to Buffalo.

A 43-year-old Northern Kentucky woman alleged there was a road rage incident during which Mixon pointed a gun at her, stating, “You should be popped in the face. I should shoot you, the police can’t get me.”

There might be video evidence that could help police in determining whether a new charge is warranted.

“If you make a threat and point a gun, case law in Ohio says you could be charged with felonious assault,” attorney Jason Phillabaum said.

He is not involved in the case but has both prosecuted and defended clients.

He noted it’s legal to open carry in Ohio and that a higher charge could hinge on whether Mixon felt endangered.

“What I think makes this case difference is there was a threat being made on top of it,” Phillabaum said. “Not showing the firearm, back off, leave me alone, but showing the firearm saying, ‘I can shoot you,’ or, ‘I can do this, no one can get me.’ That could escalate it to a potential felony range because it’s now beyond a self-defense.”

Phillabaum believes police are examining the video from the surrounding area if it exists, re-interviewing the alleged victim to find out if her story is consistent or has cracks in it.

He said the police would try to identify and interview any witnesses.

“They’re gonna want to talk to them, and then probably they’ll ask Mixon for a statement. At this point, I would suspect that his attorney would provide the statement for him,” Phillabaum said.

Among the potential outcomes: exoneration, recharging Mixon with aggravated fishing, or presenting the case to a grand jury which could bring a higher charge such as felonious assault.

“I think it’s fair for justice to make sure they do the right thing,” said Phillabaum. “I am a little shocked, though, that it was charged so quickly, and now they’re doing the investigation as opposed to doing this to begin with.”

Attorneys said it was “very rare” to have a charge made and then dropped.

If the Mixon case goes to a grand jury, it might take or two additional weeks to present it.

Investigators have not signaled where things stand at the moment.

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