Man Accused Of Shooting Toddler Goes On Trial - KTRE.com | Lufkin and Nacogdoches, Texas

08/23/05 - Angelina County

Man Accused Of Shooting Toddler Goes On Trial

by Ramonica R. Jones

An investigator told jurors Tuesday he issued an arrest warrant for David Mitchell about 45 minutes after Mitchell allegedly fired six rounds at his wife, but Mitchell's attorney argued that the word of one witness wasn't enough to link him to the shooting.

The investigator disagreed. He said three bullets and a pool of blood found in Mrs. Mitchell's SUV were more than enough evidence to prove Mitchell shot at her and her child.

Thelma Mitchell just wants her son to have a fair trial.

"What seems like, and what they have made him out to be, is not David," she said. "I hope that they'll be fair. I can't say that they will, but I sure hope so. I'm still trying to figure out why they don't have any blacks on the jury."

The main witness, Mitchell's wife, didn't show up for the first day of testimony, but prosecutors said they still have a very strong case.

"Since they had that million dollar bond out on him, how did he go from Nacogdoches all the way to Houston without somebody stopping him? He had an APB out on him."

Mitchell's wife kept driving along Highway 59 North after being shot at. She got help from a DPS trooper who had pulled over for a traffic stop.

Authorities believe she was in the process of filing a protective order against Mitchell.

If convicted of aggravated assault, David Mitchell faces 20 years in prison.

The trial continues Wednesday. It's expected to last through Thursday.

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