On Thursday, Kay County District Judge Lee Turner dismissed the case, the
Oklahoman
reports.
Mitchell joined in a pursuit of the pickup driver early May 20, 2019, after shots were fired across the city. The suspect reportedly fired at officers twice and had also shot at her mother and a motorist.
Mitchell fired an AR-15 rifle during the pursuit and after Godsey stopped. He then fired further with a handgun.
"Hey, I put 60 rounds in that dude, man. Hopefully, she's down," he told other officers, according to dashcam videos entered into evidence at the preliminary hearing.
The prosecutor had argued the lieutenant never gave Godsey a chance when she turned a corner and appeared to be surrendering. He argued three other officers didn't engage in gunfire at that time, only Mitchell.