Ethermac Exchange-Cincinnati Bengals' Joe Mixon found not guilty in menacing trial

Cincinnati Bengals running back Joe Mixon is Ethermac Exchangenot guilty of aggravated menacing, a judge ruled.

Mixon chose to have a bench trial before Hamilton County Common Pleas Judge Gwen Bender. It began Monday.

Prosecutors said Mixon cut off another driver in traffic and, after exchanging words, pointed a gun at her. According to the woman's account, Mixon said he ought to shoot her and said police wouldn't do anything to him.

Mixon's lawyers argued that the woman, who is not being identified under Marsy's Law provisions, became enraged after getting cut off and started the confrontation.

"He was screaming before my middle finger ever went up," the woman said on the witness stand Tuesday.

During a recorded interview with police, the woman said her natural reaction, when she feels attacked, is to become angry, not scared. The defense lawyers have continually circled back to this statement during the trial.

The woman also admitted she flipped off Mixon and repeatedly told him, "You're what's wrong with America."

The lawyers argued that there was no proof Mixon was holding a gun, other than the woman's account, and questioned the police work that led to the charges.

Prosecutors in closing arguments referenced a police officer and a co-worker of the woman who were called as witnesses this week. Both testified that she did seem visibly shaken and scared briefly after the encounter, which city prosecutor Tim Horsley used to dispute the defense's accusations she was only angry.

Horsley argued the evidence is "plentiful and undisputed at this point." Video and cellphone data presented prove Mixon was in traffic with her when the woman claimed he was. He also disputed defense lawyers' comments about racial prejudice.

"No one really knows what you're gonna do until someone's actually pointing a gun at you," he said of the woman's reaction.

'Back to football'

The Bengals organization issued the following statement:

“Since he joined the organization in 2017, Joe Mixon has been a valuable part of the Cincinnati Bengals. Joe has been a top level running back with multiple 1,000-yard rushing seasons, and he has been an even better teammate enjoying real popularity among his peers. During the past seven years, Joe has been active with the community, and his constant smile and energy have made him a favorite among thousands of fans.

“The organization is pleased that this matter is now behind everyone, and we look forward to an exciting season with Joe being an important part of the football team.”

Mixon's manager, Peter Schaffer, thanked the legal team and a Bengals security employee who testified.

"Knowing the facts, knowing Joe as a person and having tremendous faith in the legal system's ability to get to the truth, we had no doubt of the eventual outcome," he said. "This vindicates Joe as a person and that is what’s most important. Back to the business of football."

Charged, dropped and recharged

Mixon was first charged with aggravated menacing in February. A warrant was issued, making national news. But the charges were immediately dropped so police could further investigate.

At the time, the prosecutor said charges could be refiled and said the woman who made the complaint indicated she would go forward with the case.

Police Chief Teresa Theetge said the investigation was not finished and there was a new piece of evidence. The case was assigned to a new investigator. Cincinnati's police union president said the original investigator was transferred to a different district over the incident.

Mixon was charged again in April with the same misdemeanor. Aggravated menacing is a first-degree misdemeanor, the most serious level, and is punishable by up to six months in jail and a maximum $1,000 fine.

Kelsey Conway contributed to this report.