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

  • NotNotMike@programming.dev
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    1 year ago

    I first heard this trial while I was still on reddit and I was sickened by the comments there. Most people seemed to feel that the shooting was fully justified and that they’d wish the shot had been fatal. A site that claimed to be progressive was openly arguing for escalation and killing. Just because the person is a shitty prankster.

    Of course, I don’t know the full details of the case, but I find it so difficult to sympathize with the shooter here. They had options, but instead chose to pick the deadly last resort. They could have run or even pulled out the gun as a deterrent if they were really desperate, but instead jumped to lethal measures.

    • Mossy Feathers (They/Them)@pawb.social
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      1 year ago

      even pulled out the gun as a deterrent

      Afaik that’s actually illegal. You don’t brandish a firearm unless you’re ready to shoot someone. Additionally, I’d highly recommend looking more into the case. The short of it is that their “prank” was shoving a phone into his face that played, “hey dipshit, stop thinking about my twinkle” repeatedly. He told them to stop repeatedly and tried to push the phone away, but they continued to push it into his face.

      Furthermore, keep in mind that the US is going fucking insane. We have public demonstrations by neo-nazis. The KKK’s membership is increasing and klansmen have been seen waving their membership cards at pride parades. Now, I don’t really know what was going through the shooter’s head, but personally? Personally I wouldn’t roll the dice and bet that someone who’s shoved a phone into my face saying, “stop thinking about my twinkle” and won’t back off when I tell them to isn’t about to murder me because they think I’m gay.

      • jarfil@beehaw.org
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        1 year ago

        Pulling a gun as a deterrent, would be “threatening with the use of deadly force”… which could be legal if you were being equally “threatened with the use of deadly force” against you.

        someone who’s shoved a phone into my face saying, “stop thinking about my twinkle” and won’t back off when I tell them to isn’t about to murder me because they think I’m gay.

        IANAL, but I think… that would require a jury to decide. If you (or rather your lawyer) convinced them that you saw it as being threatened with the use of deadly force, then brandishing a weapon as a response could possibly be seen as fair and legal.

        • NotNotMike@programming.dev
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          1 year ago

          Plus, I doubt two things:

          1. I don’t think U.S. Justice system would prefer you to shoot people over a non-violent result
          2. I don’t think the victim went through the mental process of “I’ll get in more trouble if I don’t shoot this guy, so I’d better just ice him”

          Victim had a gun and so their first idea was to use the gun

    • enki@lemm.ee
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      1 year ago

      If the report is accurate, there’s absolutely no way a reasonable person could see that level of force as justifiable. You walk the fuck away, you go to security, or if none of that works, you call the cops. Imagine thinking that possibly taking someone’s life is a reasonable response to them waving a phone in your face and making pretty soft insults.