Jury acquits Virginia food court shooting suspect

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Jury acquits Virginia food court shooting suspect

A jury on Thursday found a delivery driver not guilty of the killing of a YouTube prankster who followed him around a mall food court earlier this year.

Alan Colie, 31, was acquitted of aggravated malicious wounding in the shooting of Tanner Cook, 21.

The jury was split on two lesser firearms counts, and the jury decided to convict him on one and acquit him on the other.

The shooting at the Dulles Town Center food court in April 2, about 45 minutes west of the nation's capital, triggered panic as shoppers fled what they feared to be a mass shooting.

Colie pleaded not guilty but said he was acting in self defense.

The judge in Loudoun County, Matthew Snow, called the jury back to the courtroom at 3:30 p.m. Monday and asked them to continue deliberations, a standard admonition given to juries that indicate they are deadlocked.

The jury then delivered its verdicts at the end of the day.

Colie's defense attorney, Adam Pouilliard, said the conviction on the firearms charge is inconsistent with the law, given Colie's acquittal on self-defense grounds. He asked the Supreme Court to set aside the conviction. A judge will hear arguments on the issue in a hearing next month.

Colie will remain in a psychiatric stable and remain incarcerated.

Pouilliard said during closing arguments that his client felt menaced by Cook during the collision, which was designed to provoke a reaction and draw viewers to Cook's YouTube channel.

Jurors watched video of the shooting, which captured the encounter between Colie and Cook, which lasted less than 30 seconds. The footage shows Colie approaching Cook as he picks up a food order. Colie stares at Cook, who is holding a cellphone about 6 inches from her face. The device uses a Google Translate app to broadcast the phrase multiple times.

In the video, Colie says he stops three times and tries to back away from Cook, who continues to advance. Colie tries to knock the phone away from his face before pulling out a gun and shooting Cook in the lower left chest. There is no pause between the moment he draws the weapon and fires the shot.

Prosecutor Eden Holmes said the facts don't support a self-defense argument. Colie's law requires that he beware that he was in imminent danger of bodily harm and that he use no more force than necessary. She added that Cook's prank was bizarre but not threatening.

The charges of aggravated malicious wounding and mistreatment of a firearm also require the jury to prove that Colie acted with malice.

If the jury finds that Colie was responding to a provocation that legitimately arouses fear or anger, then there is no harm in the law.

Colie, who has been in jail since April, testified in his own defense about the fear that Cook's prank elicited. Pouilliard said that Colie is aware of the dangers that delivery drivers face when they interact with the public and that he has a license to carry a concealed weapon.

The sheriff's deputies testified at a preliminary hearing that they were well aware of Cook and have received calls about previous stunts.

He said that he continues to make the videos, from which he earns $2,000 to $3,000 a month.