EVERETT — Jacq Mitchell first claimed it was self-defense when he shot a man multiple times in the legs in a Mukilteo apartment in late 2015.
Mitchell had beaten a murder rap in King County before the gunfire in Mukilteo. He claimed the killing was in self-defense and prosecutors in Seattle declined to file charges. They concluded that there wasn’t sufficient evidence to charge him with a crime.
Snohomish County prosecutors didn’t buy Mitchell’s self-defense claim in the Mukilteo case.
Bullets started flying Dec. 21, 2015, during a dispute with a man who was concerned about Mitchell’s presence at a friend’s apartment. Mitchell, who goes by the nickname “Gutta,” had assaulted the victim’s friend in the past.
The victim confronted Mitchell and the men struggled over the gun. The victim was shot in the right thigh with the bullet dropping him to the ground. His femur was broken in six places. Mitchell shot him at least twice more in the left thigh while the man was on the ground.
Mitchell was sentenced Tuesday to nearly two years in prison for the Mukilteo shooting. That sentence was added to the four years Mitchell is already serving for an Aug. 8 shooting in Everett.
Prosecutors agreed to drop the firearm enhancement in the Mukilteo case, sparing Mitchell more years behind bars. In turn, Mitchell, 24, pleaded guilty to second-degree assault and agreed to a high-end sentence as set by the state’s Sentencing Guidelines Commission.
Mitchell’s attorney, Philip Sayles, told the judge that his client had a strong self-defense argument. He said the evidence was clear the men tussled over the gun. He went on to say that Mitchell is a college-educated young man and he has counseled him to focus on his young daughter.
Mitchell apologized Tuesday to the victim’s parents, who were in the courtroom. He said they aren’t to blame for their son’s actions.
“I don’t feel like I should be blamed for his actions either,” Mitchell said. “They should see both sides of the picture.”
The victim’s mom had read a letter the family had written to Mitchell. She wondered what kind of person could shoot her son as he was crawling away. The defendant treated her son as if he was disposable, the woman said.
She told Mitchell how the shooting has left her son with one leg shorter than the other, making it difficult for him to exercise. She also said her son’s recovery has been complicated because he has Type 1 diabetes.
Despite all the pain he caused, the woman told Mitchell her family hopes he can find a way to love himself and said they will pray that God softens his heart.
“You are not a disposable human being,” the woman said through tears.
Superior Court Judge Bruce Weiss said his hands were tied when it came to sentencing Mitchell as prosecutors had dropped the firearm allegation. He also said he didn’t see the shooting the way Mitchell and his attorney did.
“You shot a defenseless man twice in the legs while he was on the ground,” Weiss said. “That’s not self-defense to me.”
It took nearly a year for prosecutors to charge Mitchell for the Mukilteo shooting. He had bailed out of jail the day after his arrest.
The investigation stalled in part because some of the witnesses were uncooperative. Prosecutors also had a hard time tracking down the victim once he was released from the hospital. They didn’t know if he would cooperate or if he could be found in time for a trial. It wasn’t until the man was booked in June 2016 for robbery that they were able to locate him.
In the meantime, Mitchell came under investigation in May 2016 for a crash that took the life of first-grader Maimuna Bayo. Mitchell struck the girl as she was riding her scooter in the roadway outside an apartment complex along 111th Street SE.
Snohomish County sheriff’s detectives concluded that there was no evidence that Mitchell could have prevented the accident. They didn’t find that he had acted with negligence.
The girl’s parents filed a wrongful death lawsuit in August. Three months after the crash, Mitchell was arrested after a lengthy standoff with a SWAT team. He was a suspect in another shooting.
The Aug. 8 incident started at Walmart, where Mitchell assaulted his girlfriend in front of customers and her young children, according to court papers.
Police were told Mitchell grabbed the couple’s infant and drove off. His girlfriend followed him to her mother’s house, where he was screaming at her while holding their daughter. The woman’s cousin attempted to intervene and demanded Mitchell leave.
Witnesses told police Mitchell pulled a handgun and started beating his girlfriend with it while she was holding their baby. The woman’s cousin tried to break up the assault. He shoved Mitchell, who fired at the man. The victim was walking away when Mitchell started shooting.
The man was struck twice, including a gunshot wound to his calf. Mitchell’s girlfriend had multiple injuries, including cuts and bruises to her head.
In that case, Mitchell pleaded guilty to second-degree assault with firearm and second-degree domestic violence assault.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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