MONTGOMERY COUNTY, Md. — A mistrial has been declared in a murder case against a former Pentagon officer for a shooting outside his apartment that left two people dead on April 7, 2021, which social justice advocates claimed was a clear case of an unjustified shooting by a law officer.
The trial was held in Montgomery County where a jury was tasked with deciding the fate of David Dixon, accused of killing 32-year-old Dominique Williams and 38-year-old James Lionel Johnson while he was off-duty in Takoma Park, Maryland. A third man, 36-year-old Michael Thomas, survived the shooting.
The jury was deadlocked after deliberating for more than 10 hours over two days.
A spokesperson for Montgomery County State's Attorney John McCarthy said prosecutors will attempt to try the case a second time and Dixon will remain in jail without bail.
Dixon testified during the trial he was attempting to stop the trio from leaving the scene after he caught them breaking into a car in the parking lot of the complex where he lived.
His attorney told jurors Dixon fired in self-defense when the suspects' car began to move toward him.
Prosecutor John McCarthy argued that the shooting was unjustified because the video clearly shows that Dixon shot only after the car was past him, and there was no threat to his life.
Thomas, the driver of the car, admitted in a 911 call after the shooting that the trio was breaking into vehicles to steal tools when they were confronted by Dixon.
Video of the incident shows Dixon chasing a car with his gun drawn as the victims backed out of the apartment complex parking lot. Dixon then stands in front of the vehicle aiming his pistol. He testified that he shouted for Thomas to turn off the car. When Thomas began to drive away, Dixon fired five rounds at the fleeing car fatally wounding Thomas' two passengers.
Dixon's lawyer claimed during final arguments that if Thomas had stopped the car, everyone would be alive today. He characterized Dixon as a heroic off-duty cop who was acting to stop a felony in his community. Prosecutor John McCarthy pointed out that Dixon shot into the back of a car that was fleeing and added that Dixon was not authorized as a police officer in Montgomery County.
"There's no question that David Dixon, nor any reasonable person, would think that they were in any physical harm or risk of bodily injury or death at all," Attorney David Haynes, representing Johnson's family, said of the video. "So to us, this was clearly an unjustified shooting. We look forward to a retrial, we look forward to justice, we look forward to David Dixon being taken off the streets so that he doesn't harm anyone else again."
Some disappointed relatives of the victims cried as they left the courthouse.
Before declaring a mistrial, Judge Mike Mason observed that he believed the facts of the case were straightforward, but the legalities were "extremely complex."
The case hinged on theories of self-defense, citizens arrest and the differences between murder and lesser charges such as manslaughter on multiple counts, Mason said.
Shortly after the shooting, investigators say Dixon was arrested after his recount of what happened was "inconsistent with the facts in the case."
"Mr. Dixon had no lawful or justifiable reason to shoot and kill Mr. Williams and Mr. Johnson," Takoma Park Police Chief Antonio DeVaul said on April 9, 2021.
On April 30, 2021, Dixon was indicted on multiple charges, including:
- 2 counts of murder
- 1 count of attempted murder
- 1 count of first-degree assault
- 3 counts of handgun offenses
- 1 count first-degree assault
- 1 count second-degree assault
Before the deadly shooting, Takoma Park Police had charged Dixon for an alleged confrontation with a homeless woman in May 2020. He's alleged to have threatened the woman with a shotgun and pepper spray used pepper spray after she allegedly tried to assault him in the lobby of the Takoma Overlook Condominium complex.
In 2021, Takoma Park Police officials said they did not become aware of the incident or how serious it was until news media published a video of the alleged assault. After it became public, police added a charge against Dixon of assault in that case.
In May 2021, a judge denied bond for Dixon, citing a history of "escalating situations into violence."