Emporian Devawn Mitchell has been found guilty on all counts in the traffic death of Steve Henry from last March.
Following a two-day bench trial inside Lyon County District Court, Judge Lee Fowler found Mitchell guilty on all counts against him including first-degree felony murder, aggravated assault on law enforcement and felony flee and elude Tuesday according to Lyon County Attorney Marc Goodman. The second-degree murder count was listed as an alternate to the first-degree murder charge, so Fowler could issue a verdict on it — but Mitchell will only be sentenced on the first-degree murder charge.
Trial was originally set to last all week. The verdict followed testimony by several experts and witnesses, all on the prosecution side. Defense attorney Rick Meier did not present any witnesses during the trial.
That includes Dr. Altaf Hossain who testified to the injuries Henry sustained in the accident, former Emporia Police Officer Jordan Pacheco who detailed her involvement in the initial pursuit of Mitchell, prosecution experts who detailed the official testing process for alcohol and illegal drugs, with experts saying they found neither alcohol nor drugs in Mitchell’s system after the March 18 wreck and Highway Patrol Trooper JD Phillips.
With the verdict, Mitchell faces 25 years to life in prison. Sentencing is set for Mar. 11 at 9 am inside Lyon County District Court.
