KSHB 41 reporter Lily O’Shea Becker covers Franklin and Douglas counties in Kansas. Share your story idea with Lily.
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The state of Kansas and the defense of Andrea Cothran, who is charged with first-degree murder in the death of Fairway Ofc. Jonah Oswald, rested their cases Wednesday. The jury will return Thursday to deliberate.
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A crime spree in August 2023 resulted in the shooting death of Oswald, 29.
Cothran and Shannon Marshall allegedly evaded officers in a stolen vehicle and crashed it before hiding in bathrooms at a QuikTrip in Mission, Kansas. That's where Cothran was arrested and the state says Marshall exchanged gunfire with law enforcement. Both Marshall and Oswald were shot and killed.
Cothran is facing seven felony charges and one misdemeanor charge, respectively: first-degree murder, aggravated battery of a law enforcement officer, fleeing a law enforcement officer, three counts of theft, firearm possession by a felon, and reckless driving.
"This case was all and is all about choices," said Christopher McMullin, an attorney with the state of Kansas.
In order for the jury to find Cothran guilty of first-degree murder, jurors must believe the state proved Cothran or another person killed Oswald after any of the following actions: fleeing from a theft, fleeing from an aggravated battery against a law enforcement officer, or fleeing or attempting to elude a law enforcement officer.
The state said it proved all three of those options.
"Therefore, she is guilty of first-degree murder as if she did it herself," McMullin said.
The defense argued there was time, distance and the separation of Cothran and Marshall — they were in the women's and men's restrooms at the QuikTrip — between the alleged theft of the vehicle, the alleged car chase through Johnson County, the alleged aggravated battery against a law enforcement officer, and the killing of Oswald.
The state said Cothran's arrest and the gunfire that killed Oswald happened within a minute of each other.
"When Jonah Oswald was killed, Andrea Cothran was not committing any crime," said defense attorney Evan O'Brien. "Again, she is in handcuffs."
Johnson County District Judge Michael Joyce asked jurors whether they would like to start deliberations after closing arguments concluded around 5 p.m. Wednesday or resume Thursday morning. Multiple jurors advocated beginning deliberations Thursday.
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