Bengals' Joe Mixon trial: Lawyers zero in on whether woman was afraid or enraged

Arguments Tuesday in the misdemeanor trial for Cincinnati Bengals running back Joe Mixon focused on whether the woman accusing him in a road rage incident in January was scared or angry when she encountered him.

The alleged victim, her co-worker and police officers testified. It remains unclear whether Mixon will take the stand in his own defense.

Prosecutors said Mixon cut off another driver in traffic and, after exchanging words, pointed a gun at her. According to the woman's account, Mixon said he ought to shoot her and said police wouldn't do anything to him.

Mixon's lawyers have argued he was reacting to her rage and that she was not afraid during the exchange. They also argued there was no evidence a gun was present other than the woman's statements, and no one could back up her story.

The woman, who is not being identified under Marsy's Law provisions, said she was cut off in traffic at Second and Walnut streets on Jan. 21. This caused her to slam on her brakes and prompted her to honk her vehicle's horn. She said she then photographed the license plate on the other vehicle and pulled up alongside it.

The prosecutors and defense team differ in who made the next move.

Mixon's attorneys argue that the woman was the person suffering from road rage and provoked him. The woman says she heard yelling and rolled down her window.

"He was screaming before my middle finger ever went up," she said on the witness stand Tuesday.

During a recorded interview with police, the woman said her natural reaction, when she feels attacked, is to become angry, not scared. The defense lawyers have continually circled back to this statement during the trial.

The woman also admitted she flipped off Mixon, referred to him as a "b----," and repeatedly told him, "you're what's wrong with America."

A police officer testified Tuesday that the woman did seem scared when she came into the Central Business District police quarters to make a report shortly after the encounter. However, the officer admitted under cross-examination that she did not tell him about any of the statements she made toward Mixon. The recorded statement was made at a later date. She said on the stand that by that point, she had become more angry about the incident because she had been "victimized by the media."

The woman's coworker testified that when she came into work after the encounter the woman was "frazzled, upset, scared" and "visibly shaking." He said he knew something was wrong because she was normally happy and bubbly.

He said he encouraged her to make the report, and that she had no clue who was driving the vehicle. She also told police that she did not know who was driving.

The bench trial before Hamilton County Common Pleas Judge Gwen Bender will continue at 1:30 p.m. Wednesday. The prosecution team said it has one more witness to call. At that point, Mixon and his lawyers will decide how to proceed, which could include putting Mixon on the stand to testify.

Charged and recharged

In February, Mixon was charged with aggravated menacing following the incident. A warrant was issued, making national news. But the charges were immediately dropped so police could further investigate.

At the time, the prosecutor said charges could be refiled and said the woman who made the complaint indicated she would go forward with the case.

Police Chief Teresa Theetge said the investigation was not finished and there was a new piece of evidence. The case was assigned to a new investigator. Cincinnati's police union president said the original investigator was transferred to a different district over the incident.

Mixon was recharged in April with the same misdemeanor. Aggravated menacing is a first-degree misdemeanor, the most serious level, and is punishable by up to six months in jail and a maximum $1,000 fine.

This article originally appeared on Cincinnati Enquirer: Bengals' Joe Mixon trial: Lawyers focus on whether woman was afraid or enraged