FAIRFAX, Va. — Jury deliberations started in the trial against a man accused of shooting and nearly killing his ex-girlfriend.
Collins Agyei is on trial for malicious wounding and firearm charges for allegedly shooting the victim multiple times at the Mallard Court Apartments in Alexandria in February 2023.
Agyei was initially charged with the most serious charge of aggravated malicious wounding, but Judge Randy Bellows downgraded it after he determined prosecutors failed to disclose a key piece of information to the defense.
The trauma surgeon who took care of the victim previously testified that while she survived, she suffered vocal cord paralysis from her injuries. In his motion, Judge Bellows of Fairfax County Circuit Court said the testimony was used to question if the victim was able to testify at trial.
The surgeon realized that he confused the victim’s case with another patient and informed the Commonwealth of his mistake. Bellows said the Commonwealth never informed the defense of this confusion, which violated rules.
The failure to correct this testimony “fundamentally misled the defense with respect to the evidence supporting the Commonwealth’s assertation that the victim suffered “permanent and significant physical impairment,” Bellows said.
In response to the mistake, a spokesperson for the Fairfax County Commonwealth’s Attorney’s Office said, “We regret that a communication mistake has resulted in the judge’s decision. The defendant still faces multiple felony charges and the possibility of decades in prison, and we maintain our belief in the strength of this case.”
If found guilty, Agyei could face up to 20 years in prison. If it was the original aggravated charge, he could've faced life in prison.
The victim and her brother were in the courthouse for closing arguments but were physically not in the courtroom as the Commonwealth showed videos to the jury including police body camera and the victim’s own cellphone video of her interaction.
Prosecutors relied on body camera footage of responders tending to the victim as she laid on someone else’s patio. In the video, an officer asked, “Ma’am can you tell us anything?”
The victim responded, “My son’s father.”
Assistant Commonwealth Attorney Jen Reinkober said the victim could faintly be heard saying “Collins” three times.
The Commonwealth also showed her own cellphone video of when Agyei allegedly followed her into her apartment. The video captured a gun being shown, a scuffle, and the phone dropping as the victim screams for help. A few gunshots erupted in the background.
Surveillance videos from the apartment showed the victim stumbling out the door. Reinkober said the man seen with a gun in his hand and jogging away was Agyei.
“Mr. Agyei pursued her as if she was an animal,” she said.
“Why did he finally stop shooting? Because he thought she was dead,” Reinkober added.
However, defense attorney Andy Elders questioned based on the quality of the video if it’s even his client. During his closing arguments, he called Agyei innocent and disputed the body camera video. He claims the victim never explicitly said Agyei was the shooter.
One of his biggest questions was why the victim never took the stand to properly identify him. He accused police and prosecutors of failing to consider other suspects.
He said the Commonwealth either didn’t test or chose not to reveal the test results of some of the physical evidence including clothes, phones, and shoes. Elders argued the prosecution hasn’t created a direct link to his client.
“Instead of real proof, you’ve been given cheap interpretations,” Elders said. “The Commonwealth simply ignored what could be inconvenient to their story.”
The jury started deliberations around 3 p.m. on Monday and will continue on Tuesday.