LEESBURG, Va. — After two days of testimony, the man who shot a 21-year-old YouTuber inside Dulles Town Center on video in April has been found not guilty on two charges of malicious wounding.
The jury found Alan Colie not guilty of aggravated malicious wounding or use of a firearm for aggravated malicious wounding, however, he was found guilty of firing a gun inside the mall. That guilty verdict has been set aside until a hearing to discuss it on October 19.
Colie, a DoorDash driver, was on trial for shooting Tanner Cook, the man behind the YouTube channel "Classified Goons," at the Dulles Town Center back in April. Colie admitted to shooting Cook when he took the stand Wednesday but claimed it was self-defense.
The case went viral not because there was a shooting inside a mall, but because Cook is known to make prank videos. Cook amassed 55,000 subscribers with an average income of up to $3,000 per month. He said he elicits responses to entertain viewers and called his pranks “comedy content.”
Colie faced three charges, including aggravated malicious wounding, malicious discharge of a firearm within an occupied dwelling, and use of firearm for aggravated malicious wounding. The jury had to weigh different factors including if Colie had malicious intent and had reasonable fear of imminent danger of bodily harm.
Cook was in the courtroom when jurors were shown footage of him getting shot near the stomach -- a video that has not yet been made public. Cook's mother, however, left the courtroom to avoid watching the key piece of evidence in her son's shooting.
The footage was recorded by one of Cook's friends, who was helping to record a prank video for Cook's channel. The video shows Cook holding his phone near Colie’s ear and using Google Translate to play a phrase out loud four times, while Colie backed away.
When he testified, Colie recalled how Cook and his friend approached him from behind and put the phone about 6 inches away from his face. He described feeling confused by the phrase Cook was playing. Colie told the jury the two looked “really cold and angry.” He also acknowledged carrying a gun during work as a way to protect himself after seeing reports of other delivery service drivers being robbed.
"Colie walked into the mall to do his job with no intention of interacting with Tanner Cook. None," Adam Pouilliard, Colie's defense attorney, said. "He’s sitting next to his defense attorneys right now. How’s that for a consequence?”
The Commonwealth argued that Cook was never armed, never placed hands on Colie and never posed a threat. They stressed that just because Cook may not seem like a saint or his occupation makes him appear undesirable, that a conviction is warranted.
"We don’t like our personal space invaded, but that does not justify the ability to shoot someone in a public space during an interaction that lasted for only 20 seconds," Assistant Commonwealth’s Attorney Eden Holmes said.
The jury began deliberating around 11:30 a.m. Thursday. Shortly after 3:30 p.m., the jury came back saying they were divided and couldn’t come to a resolution. The judge instructed them to continue deliberating and later returned with the not-guilty verdict.
WUSA9 caught up with the Cook family following the verdict. When we asked Tanner Cook how he felt about the outcome, he said it is all up to God.
"I really don't care, I mean it is what it is," he said. "It's God's plan at the end of the day."
His mother, Marla Elam, said the family respects the jury and that the Cook family is just thankful Tanner is alive.
"Nothing else matters right now," she said.
Here's the video by NBC Washington, apologies that it's served by Discord
I'm glad he got off on the first two charges, but his lawyer argues that the third charge, "shooting into an occupied dwelling" shouldn't be applicable since it was deemed self defence. The judge will be hearing arguments for this next month.^[https://newsio.com/2023/09/29/alan-colie-man-who-shot-youtube-prankster-at-virginia-shopping-centre-acquitted/]
Also, dude's now spent 6 months in jail, only to be found not guilty of at least 2/3rds of the charges. Is there any compensation he'll get for those missing months of his life? He's already been punished, and yet he's still presumed innocent.
It says he's been found "not guilty" of that one. The charge he's been found guilty of is "malicious discharge of a firearm within an occupied dwelling", which... well, he did.
It's like the laws against shooting bottles in your suburban home backyard: without the right precautions, those bullets can travel a long way, and what goes up ultimately comes down. There have been cases of stray bullets hitting someone totally unsuspecting a block or a few away.
My understanding is that the reason why it's odd is because they found him not guilty on the other two charges on the grounds of self-defense. If I understand correctly, "self-defense" justifies discharging a firearm, regardless of who, what, when, where, why or how. If the jury rules self-defense in one instance, it should logically be applied to all charges related to that instance. Soooo... why were only two charges "self-defense"?
That's the logic that's being used in the defense but it's not necessarily true. If I were to engage a legitimate threat with a firearm but do so in a reckless manner, I would be justified in the shooting but not justified in the reckless Manor in which I discharge the weapon. That's why carrying a firearm is such a responsibility and liability. In addition to having to determine what is and what is not a deadly threat you also have to know your surroundings and what is past your target. Generally, a bit more leeway is given once the shooting is justified, but in acquittal on criminal charges doesn't justify the shooting. You acquittal on the other two charges just means there's insufficient evidence to prove the crime. Having insufficient evidence to prove one crime does not mean that another cannot be proven. For those of you not in America who are trying to follow along, just don't. It's not worth the the headache.
The crime is proven. He admitted to shooting Cook. The crime occurred and that is accepted legal fact. The acquittal was a result of a plea of self-defence.