(EDITOR’S NOTE: The following is a press release from the Brown County Prosecutor’s office)
It took a Brown County jury of 12 less than three hours to convict John T. Mitchell of Battery Resulting in Serious Bodily Injury, three counts of Operating While Intoxicated, and Disorderly Conduct. Mitchell was remanded into the custody of the bailiff by Special Judge Jonathan Rohde after the jury rendered their verdict.
The conviction stemmed from an incident occurring on Owl Creek Road on Dec. 12, 2022.
“We worked very hard on this case,” Prosecuting Attorney Ted Adams said in a press release. “We are very pleased with the outcome. I’d like to thank the Brown County Sheriff’s Office, Nashville Police Department, and the Indiana State Department of Toxicology for their assistance in this conviction. I would specifically like to thank Sgt. Austin Schonfeld, Officer Dylan Smock and Derek Frensemeier for their contribution, along with my wonderful staff.”
The jury heard from the homeowners about what happened on the cool, dark evening of Dec. 12, 2022. At that time, Colleen Smith was coming home from work when she encountered a 1955 Ford Fairlane stopped on Owl Creek Road just down the street from her house. The driver, she observed, was slumped over the steering wheel, and the car had significant damage to the front passenger side.
Smith continued home, just down the street, and parked. She decided to walk back toward the car to see if the driver needed assistance. The car roared to life, drove down Owl Creek, and pulled directly into the Smith’s yard, missing the driveway. The driver nearly struck Smith before stalling out. Smith approached the driver, John T. Mitchell, who was clearly intoxicated. She offered to drive him home until she learned he claimed to live in Springfield, Ill. She then offered at least two times to take Mitchell to a hotel. Mitchell refused. Smith began to feel uncomfortable, and went inside her home to call her husband and the police. While calling her husband, Mitchell started his car back up and coasted toward the house before striking the front sidewalk and landscaping, stalling out again.
When her husband Steve Smith arrived, he did not know what to expect. He only knew that his wife needed his help. As he approached the classic Ford, the driver’s side door was open. Mr. Smith attempted to speak with Mitchell, who started up his car and began backing up while Mr. Smith was stuck in the open driver’s side door. Smith then punched Mitchell in the head to get him to stop. Steve Smith then drew his handgun and ordered Mitchell to stop and to sit on the ground.
“In effect, Steve Smith was conducting a citizen’s arrest while protecting his wife, himself, and his property,” explained Adams.
“Mitchell, at this point, poised a risk to not only the Smiths and their property, but to any person using our public roadways,” added Chief Deputy Rob Seet, who tried the case with Adams.
Mitchell eventually tried to leave again. The Smiths, who by this time had called 911 and hid the firearm to de-escalate the situation, were also resigned to let him leave. Mitchell started up the car and promptly backed into one of the Smiths’ vehicles.
At this point, Steve Smith re-approached Mitchell, shoved him over in the driver’s seat, grabbed the car keys, and threw them in the yard. Mitchell exited, intoxicated and upset. After loitering around for about three minutes, he struck Steve Smith in his eye with an uppercut, fracturing Steve Smith’s orbital socket. Mr. Smith then kicked Mitchell in the genitals, put Mitchell on the ground, and climbed on top of him while placing Mitchell in a headlock. Just as police arrived, Mitchell bit a large chunk of flesh out of Mr. Smith’s forearm, causing severe pain.
The jury heard the entire incident in the form of 911 audio. Ms. Smith kept dispatch on the line while the entire incident transpired. When police arrived, Mitchell did not know where he was, what state he was in or what had happened to his car. Sgt. Austin Schonfeld began an OWI investigation which led to obtaining a search warrant for Mitchell’s blood to measure for alcohol. The Indiana State Department of Toxicology analyzed the blood at .188, more than twice the legal limit. Police, who noticed a Big Woods pizza box in the front seat, spoke with bartenders. They remembered Mitchell being “loud” and “weird,” but he had only consumed three beers. Mitchell’s receipt confirmed the three beers. The jury saw over an hour of bodycam footage showing Mitchell’s state of intoxication and abusive behavior toward law enforcement and medical staff. He attempted to kick medical staff while at the Columbus Regional Hospital.
Officer Smock drove Helmsburg Road after Mitchell was taken for a blood draw. Smock testified he was looking for the right, front fender of the Ford. He located it over a mile down the way from Owl Creek Road. The fender was near a tree which has been struck. Officer Smock estimated the tree was approximately 30 feet off Helmsburg Road.
Mitchell testified in his own defense. He admitted he was intoxicated, but claimed that he was the actual victim. He also claimed that he had only consumed three beers that evening despite a .188 certified blood test that was taken five hours after he had consumed his first beer. He was cross-examined about inconsistent statements he had made about the incident at the Smith residence.
Mitchell claimed he did not remember everything despite having previously described the event in detail. He also claimed he punched and bit Steve Smith in self-defense.
“If you’re an intruder in Brown County, especially if you’re putting people and property in danger, you do not get to dictate the response of the homeowner. This is not a big city; this is Brown County. We respect property rights,” said Ted Adams.
Mitchell had previously pleaded guilty; however, he then decided to back out of the guilty plea and claim that he was the victim.
“Mr. Mitchell had a unique sense of selective memory,” Seet said. “He has a way of forgetting all of the bad things he did that night to the Smiths while, at the same time, cherry-picking certain instances and then weaving them together to form some sort of distorted self-defense claim.”
Adams agreed.
“I am glad this case has come to a successful conclusion, and I am glad that the Smiths got to tell their story in court. They were the sober ones, they were the property owners and they were minding their own business when Mitchell burst into their lives. They offered to help him and then tried to protect others, and Mitchell repaid them by crushing Steve’s orbital socket and biting a chunk of flesh out of his arm. I’ll be seeking prison time.”
Sentencing is set for June 12, 2024.
