Man shot by police after firing at Clay Twp. officers out of jail, plans insanity defense

CLAY TWP. — A man accused of opening fire on Clay Twp. police and the township’s administrative building before he was shot is no longer behind bars.

Aaron Mitchell, 41, of Brookville is free on his own recognizance, with the condition he remain on electronic home detention.

Also, Mitchell’s attorney has filed a motion for him to plead not guilty by reason of insanity, and a mental evaluation was ordered. Montgomery County Common Pleas Judge Dennis Langer is expected to determine later this month whether that defense is applicable.

Mitchell was indicted in December on multiple charges, including felonious assault on a police officer, stemming from the Nov. 30 incident when he allegedly fired 10 shots at the Clay Twp. administrative building, 8207 Arlington Road, which houses the township’s police department. He then fled and was involved in a high-speed chase that ended on Diamond Mill Road. Police say he pointed a gun at officers, who then shot him three times.

Investigators and prosecutors are not happy he is out of jail at all, and say they thought the initial $150,000 bond was too low.

“We requested a higher bond because the defendant brazenly shot at officers, but it was denied by the court,” a Montgomery County Prosecutor’s Office spokesman said. “We believe this defendant should be incarcerated and not out on an ankle bracelet.”

Court documents indicate Mitchell told investigators, “the best way to go is by cop and that if he wanted to die, he could do death by cop.”

As to why Mitchell was released without having to post any bond, Langer’s office said he does not comment on pending cases in his courtroom.

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