Blackwell Police Officer John Mitchell, 41, will not face charges in the Kay County District Court after having Felony Count of 1st Degree Murder dismissed.
According to KWTV in Oklahoma City, a Kay County judge issued an order to dismiss the criminal case against the officer in the deadly shooting of an armed suspect in May 2019. Mitchell was involved in a police chase in Blackwell where he engaged in “imminently dangerous conduct” when he fired 60 rounds during a pursuit with the suspect, Michael Ann Godsey, 34, when they were exchanging shots at each other. The chase ensued after officers received complaints that the driver of a white truck was firing shots around town. Godsey had allegedly shot at a random car as well as the first responding officer.
The Oklahoma State Bureau of Investigation says that Godsey was found dead in the driver seat her truck. The medical examiner ruled the cause of death as multiple gunshot wounds.
According to District Attorney Jason Hicks, the prosecutor assigned to the case, alleged Godsey was surrendering when her truck stopped. Hicks said Mitchell never gave her a chance. Hicks would have to convince a jury that Mitchell’s actions were unnecessary to get a conviction.
Besides the Felony Count of 1st Degree Murder mentioned, the Grand Jury also indicted Mitchell on a 2nd Degree Murder Count. At the completion of the preliminary hearing in February 2020, an associate judge determined there was enough evidence to send Mitchell to trial on the manslaughter charge. The charge of 2nd Degree Murder was dismissed by the court at the preliminary hearing
During Thursday’s hearing, the judge found issues with the state’s evidence and determined there was not probable cause that Mitchell acted unreasonably, nor that the state presented evidence the force was excessive.
Mitchell still works for the Blackwell Police Department, but was reassigned to dispatch following the indictment.
