Testimony continues Tuesday in the Devawn Mitchell murder case.
Afternoon testimony Monday focused on law enforcement and witness statements, including two witnesses who said a car identified as Mitchell’s moving past theirs at high speed. One witness said she had to take evasive action off West Sixth into a nearby parking lot. Neither witness said they saw Mitchell’s car slow down or change lanes as it approached and later hit Steve Henry’s pickup between Chestnut and Lawrence.
Testimony started with Frontier Forensics medical examiner Dr. Altaf Hossain, who said under direct examination that Henry died of blunt force trauma, including injuries to the liver, spleen and stomach and a slicing of the aorta. Hossain noted injuries around the heart and lungs and several rib fractures during an autopsy shortly after the crash.
10:40 am Monday: Testimony underway in Devawn Mitchell murder trial
Testimony is underway in the bench trial of Devawn Mitchell in the traffic death of Steve Henry last year.
Testimony started with Frontier Forensics medical examiner Dr. Altaf Hossain, who said under direct examination that Henry died of blunt force trauma, including injuries to the liver, spleen and stomach and a slicing of the aorta, as part of a crash March 18 on West Sixth Avenue between Chestnut and Lawrence. Hossain noted injuries around the heart and lungs and several rib fractures during an autopsy shortly after the crash.
During cross-examination from defense attorney Rick Meier, Hossain said the injuries came as the result of two collisions, a vehicle-vehicle crash followed by Henry’s truck hitting a utility pole. Hossain said there were no spinal injuries as the result of either crash, and he said evidence suggests Henry was not using a seatbelt at the time of the crash.
Following Hossain’s testimony, former Emporia Police officer Jordan Pacheco testified she noticed a vehicle that turned quickly and was moving slightly faster than the posted speed limit, according to her estimation. The driver, who Pacheco identified as Mitchell while on the stand, allegedly swerved his car towards her police vehicle, swerved back into traffic and took off as Pacheco began a pursuit, which continued into residential areas west of downtown at speeds as high as 75 mph before it was called off for what Pacheco called public safety concerns.
Meier addressed the public safety issues during cross-examination, saying Mitchell used his brakes or turning lights on several occasions and children near the pursuit route were not in immediate danger.
Mitchell is accused of first-degree felony murder, aggravated assault on law enforcement and felony flee and elude in Henry’s death. Trial may continue all week in Lyon County District Court.
