LEESBURG, Va. — After two days of testimony, the man who shot a 21-year-old YouTuber inside Dulles Town Center on video in April has been found not guilty on two charges of malicious wounding.
The jury found Alan Colie not guilty of aggravated malicious wounding or use of a firearm for aggravated malicious wounding, however, he was found guilty of firing a gun inside the mall. That guilty verdict has been set aside until a hearing to discuss it on October 19.
Colie, a DoorDash driver, was on trial for shooting Tanner Cook, the man behind the YouTube channel “Classified Goons,” at the Dulles Town Center back in April. Colie admitted to shooting Cook when he took the stand Wednesday but claimed it was self-defense.
The case went viral not because there was a shooting inside a mall, but because Cook is known to make prank videos. Cook amassed 55,000 subscribers with an average income of up to $3,000 per month. He said he elicits responses to entertain viewers and called his pranks “comedy content.”
Colie faced three charges, including aggravated malicious wounding, malicious discharge of a firearm within an occupied dwelling, and use of firearm for aggravated malicious wounding. The jury had to weigh different factors including if Colie had malicious intent and had reasonable fear of imminent danger of bodily harm.
Cook was in the courtroom when jurors were shown footage of him getting shot near the stomach – a video that has not yet been made public. Cook’s mother, however, left the courtroom to avoid watching the key piece of evidence in her son’s shooting.
The footage was recorded by one of Cook’s friends, who was helping to record a prank video for Cook’s channel. The video shows Cook holding his phone near Colie’s ear and using Google Translate to play a phrase out loud four times, while Colie backed away.
When he testified, Colie recalled how Cook and his friend approached him from behind and put the phone about 6 inches away from his face. He described feeling confused by the phrase Cook was playing. Colie told the jury the two looked “really cold and angry.” He also acknowledged carrying a gun during work as a way to protect himself after seeing reports of other delivery service drivers being robbed.
“Colie walked into the mall to do his job with no intention of interacting with Tanner Cook. None,” Adam Pouilliard, Colie’s defense attorney, said. "He’s sitting next to his defense attorneys right now. How’s that for a consequence?”
The Commonwealth argued that Cook was never armed, never placed hands on Colie and never posed a threat. They stressed that just because Cook may not seem like a saint or his occupation makes him appear undesirable, that a conviction is warranted.
“We don’t like our personal space invaded, but that does not justify the ability to shoot someone in a public space during an interaction that lasted for only 20 seconds,” Assistant Commonwealth’s Attorney Eden Holmes said.
The jury began deliberating around 11:30 a.m. Thursday. Shortly after 3:30 p.m., the jury came back saying they were divided and couldn’t come to a resolution. The judge instructed them to continue deliberating and later returned with the not-guilty verdict.
WUSA9 caught up with the Cook family following the verdict. When we asked Tanner Cook how he felt about the outcome, he said it is all up to God.
“I really don’t care, I mean it is what it is,” he said. “It’s God’s plan at the end of the day.”
His mother, Marla Elam, said the family respects the jury and that the Cook family is just thankful Tanner is alive.
“Nothing else matters right now,” she said.
Here’s the video by NBC Washington, apologies that it’s served by Discord
Far be it from me to defend YouTube “prank” creators, but for all people talk about “responsible gun ownership”, this person was clearly not responsible and should be forever prohibited from owning a gun. If you were in no way touched or threatened, how the fuck can you justify discharging your firearm in a public place?
If you were in no way touched or threatened, how the fuck can you justify discharging your firearm in a public place?
U fukken wot M8? He shoved a phone into the guy’s face that repeated the phrase, “Hey dipshit, quit thinking about my twinkle” and when the guy told him to stop, repeatedly and tried to push the phone away, the guy kept egging him on. That’s a threat at that point. If someone is making you feel like you might be in danger, that’s a threat. It doesn’t matter their intent, if they’re making you feel threatened, then they are threatening you.
He was carrying a gun because he’d read about delivery drivers getting robbed, and even if that wasn’t why he was carrying a gun, I’d still be on his side. Someone who’s planning to jump you isn’t going to be nice and spell it out for you. Combine that with an insane rise in anti-lgbt violence and a phone shoved in your face playing, “quit thinking about my twinkle” and I’d 100% believe that I might be about to get killed by some neo-nazi bigot because they’ve decided I’m gay and need to be “taught a lesson”. And yeah it was in public, but considering neo-nazis in the US have been holding public demonstrations recently, the last thing I’d want to do is bet on them not having the balls to murder me in public.
Is that what was going through his head before he shot the guy? No idea, but sorry, the US has gone completely fucking nuts and there are too many assholes with murderous intent to be willing to roll the dice when someone gets in my face and won’t fuck off. They had plenty of chances to disengage and decided not to. If they’d stopped when he said, “stop” then I’d be a lot more sympathetic; but they didn’t. They kept pushing.
If they’d stopped when he said, “stop” then I’d be a lot more sympathetic
The prank guy got what he was looking for… but there is a problem: they were not out in the desert, they were inside a mall full of other people. You shouldn’t go “pew-pew” when every shot you miss can hit an innocent bystander.
Heck, even a shot that you don’t miss, can go all the way through and hit someone totally innocent on the other side.
He was found guilty of exactly the crime you’re concerned about for the exact reason you’re concerned about.
You shouldn’t go “pew-pew” when every shot you miss can hit an innocent bystander.
Heck, even a shot that you don’t miss, can go all the way through and hit someone totally innocent on the other side.
You seem like someone who has absolutely no understanding of firearms and ballistics.
Assuming one follows the rules of firearm safety, including know your target and what is beyond your target, there’s no risk to bystanders. This person was clearly not firing wildly. This was a 9mm from a short barrel - there’s no real danger of over penetration.
Your fearmongering is ridiculous.
the US has gone completely fucking nuts and there are too many assholes with murderous intent
You’re obviously one of them if you think this incident was worth murdering someone over
I’m trans and living in the south. I have a very good reason to be afraid for my life. You’re looking at this with the benefit of hindsight. You know it was a harmless “”“prank”“” but can you really tell me that if someone came up to you looking like this (supposedly that’s a picture of them right before the shooting happened) and started harassing you without stopping when you try to push them away, that you wouldn’t be scared too?
He tried to disengage but they didn’t let him. That’s fucking terrifying when you don’t know what is going through the other person’s head.
Edit: to explain why me being trans is relevant: I’m putting myself in his shoes. I’m pretending I’m a delivery driver, I have a gun for self-defense, I show up to deliver something and two guys who are taller than I am start harassing me while playing a sound clip that mimics the kinds of phrases homophobes yell before beating the shit out of someone. You’re damn right I’m going to shoot them. I don’t know if they’re white supremacists or a dumbass “prank” YouTuber, but from my perspective, the risk is that if I guess wrong then I’ll probably be in the hospital with significant medical bills or dead.
If someone is making you feel like you might be in danger, that’s a threat. It doesn’t matter their intent
That’s a risible argument. The standard is what a “reasonable person” considers dangerous.
Whether an action is criminal can’t be based on each individual’s personal opinion of their own behavior. The perpetrator believing that they are right does not make it legal.
I first heard this trial while I was still on reddit and I was sickened by the comments there. Most people seemed to feel that the shooting was fully justified and that they’d wish the shot had been fatal. A site that claimed to be progressive was openly arguing for escalation and killing. Just because the person is a shitty prankster.
Of course, I don’t know the full details of the case, but I find it so difficult to sympathize with the shooter here. They had options, but instead chose to pick the deadly last resort. They could have run or even pulled out the gun as a deterrent if they were really desperate, but instead jumped to lethal measures.
even pulled out the gun as a deterrent
Afaik that’s actually illegal. You don’t brandish a firearm unless you’re ready to shoot someone. Additionally, I’d highly recommend looking more into the case. The short of it is that their “prank” was shoving a phone into his face that played, “hey dipshit, stop thinking about my twinkle” repeatedly. He told them to stop repeatedly and tried to push the phone away, but they continued to push it into his face.
Furthermore, keep in mind that the US is going fucking insane. We have public demonstrations by neo-nazis. The KKK’s membership is increasing and klansmen have been seen waving their membership cards at pride parades. Now, I don’t really know what was going through the shooter’s head, but personally? Personally I wouldn’t roll the dice and bet that someone who’s shoved a phone into my face saying, “stop thinking about my twinkle” and won’t back off when I tell them to isn’t about to murder me because they think I’m gay.
Pulling a gun as a deterrent, would be “threatening with the use of deadly force”… which could be legal if you were being equally “threatened with the use of deadly force” against you.
someone who’s shoved a phone into my face saying, “stop thinking about my twinkle” and won’t back off when I tell them to isn’t about to murder me because they think I’m gay.
IANAL, but I think… that would require a jury to decide. If you (or rather your lawyer) convinced them that you saw it as being threatened with the use of deadly force, then brandishing a weapon as a response could possibly be seen as fair and legal.
If the report is accurate, there’s absolutely no way a reasonable person could see that level of force as justifiable. You walk the fuck away, you go to security, or if none of that works, you call the cops. Imagine thinking that possibly taking someone’s life is a reasonable response to them waving a phone in your face and making pretty soft insults.
The person was attempting to walk away and was repeatedly headed off by the friend of the assualter, per the trial.
Imagine assuming the worst of a victim and blaming them.
Comments about this case are always wild, you can tell what commenters are American from the argument always being the same gist of “People in America are crazy bro! I wouldn’t risk NOT shooting either”. This country is so fucked we have fast food delivery drivers carrying pistols on them for safety and unloading on some obnoxious asshole blaring stupid bullshit in their ear, and people will hear that and think “Honestly a very fair and measured response IMO”. Worse part is those comments aren’t even entirely wrong! We are NOT doing okay over here y’all lmao
If only incidents like this put a stop to all the annoying “pranks” on YouTube and the people that make bank off them. How many more moronic pranksters have to be seriously hurt before they realize they should stop, or at the very least stage the videos with some friends or some people you pay on Craigslist? It’s not like the 12 year olds watching are gonna be able to tell the difference anyways.
In later interviews, this guy says he’s gonna keep doing these “pranks”. Getting shot won’t even stop him, so there’s no hope that it’d stop potential copycats.
In what fucking world does that level of harassment justify possibly taking a life? Yes, fuck these shitty YouTube/TikTok prank content creators, but if someone is harassing you like this you call security, or you call the cops. No reasonable human being should think that level of force is justified for that offense. I say this as a lifelong gun owner and someone who sat on a jury and voted to acquit someone who fatally shot another person in self-defense.
There’s plenty of situations where deadly force is reasonable. This one isn’t it, chief, and it’s a real bad hill to die on for gun owners.
In what fucking world does that level of harassment justify possibly taking a life?
America, that’s where.
Here it seems normal to many to end an argument with a bullet, but I’m with you. It’s absurd. The shooter should have removed themselves from the situation and reported it.
So, I am absolutely not defending the shooting itself, but everything I have read about this is that he definitely tried to remove himself from the situation but the “prankster” followed him and continued to harass him.
And to make things worse, the so called prankster had already been kicked out of the mall the day before and came back and was specifically trying to avoid security.
So yea, shooting was almost certainly an overreaction, but I do then wonder how exactly you are supposed to deal with something like this when this asshole won’t listen and won’t let you leave.
Punch in the face? Only in the USA would it be OK to shoot someone for being an asshole in the mall.
He’s a delivery driver, so one might assume he has a car that he could get in, lock his doors, even drive away. So no, I don’t believe he legitimately tried to remove himself from the situation.
This is the problem with permitless carry. You don’t need any knowledge of firearm safety or the law, any idiot can freely walk around with a loaded gun in their pants. There are a lot of fucked up people just looking for an excuse to shoot someone. Way too many gun owners fantasize about being a hero, but the truth is, especially with owners that have no training or education around firearms, that you’re exponentially more likely to be killed by your own firearm than you are to ever stop a crime.
I stopped carrying years ago and just keep my pistol in a gun safe by my bed now. But I’ve taken the course to get my permit, and it was terrifying how ignorant and even bloodthirsty a lot of the people in that course were. I love going to the range, and I like having a firearm in the home for defense, but we need better gun laws and better mental health care in the US. And while I’d prefer better laws, if the only option was the way it is now or a full ban on firearms, I’ll take the full ban. I don’t want to worry about my daughter being murdered at her school.
The number one cause of death in children in the US every year since 2020 has been firearms.
I’m glad he got off on the first two charges, but his lawyer argues that the third charge, “shooting into an occupied dwelling” shouldn’t be applicable since it was deemed self defence. The judge will be hearing arguments for this next month.[1]
Also, dude’s now spent 6 months in jail, only to be found not guilty of at least 2/3rds of the charges. Is there any compensation he’ll get for those missing months of his life? He’s already been punished, and yet he’s still presumed innocent.
his lawyer argues that the third charge, “use of firearm for aggravated malicious wounding” shouldn’t be applicable
It says he’s been found “not guilty” of that one. The charge he’s been found guilty of is “malicious discharge of a firearm within an occupied dwelling”, which… well, he did.
It’s like the laws against shooting bottles in your suburban home backyard: without the right precautions, those bullets can travel a long way, and what goes up ultimately comes down. There have been cases of stray bullets hitting someone totally unsuspecting a block or a few away.
My understanding is that the reason why it’s odd is because they found him not guilty on the other two charges on the grounds of self-defense. If I understand correctly, “self-defense” justifies discharging a firearm, regardless of who, what, when, where, why or how. If the jury rules self-defense in one instance, it should logically be applied to all charges related to that instance. Soooo… why were only two charges “self-defense”?
“self-defense” justifies discharging a firearm, regardless of who, what, when, where, why or how.
This is the problem with American mentality…
No, “self-defense” does not give you a free pass, it only gives you the right to defend yourself against a single specific threat, and only that threat [in more civilized countries, it also requires “with the minimum amount of force necessary”].
You don’t get to mow the crowd with an assault rifle set on full auto, or to nuke the whole mall with all bystanders in it, just because of “self-defense” against a single guy.
Soooo… why were only two charges “self-defense”?
Because they were specified as “aggravated”, which is kind of like saying “without reason”. Self-defense was the reason there, so he wasn’t found guilty of the aggravated charges.
The “non-aggravated” one though, needs more justifying than just “I was afraid”… and I think it should stick, because he should have known better than to start shooting in a mall.
It absolutely does not justify that. You are not suddenly immune from the damage you cause because you were defending yourself. If you don’t pay attention to what’s down range and put a bullet through a kid’s head, your negligence caused a death and you will absolutely be charged with manslaughter at the very least. Most people don’t realize how loud firearms really are. Discharging a firearm inside an enclosed space without hearing protection can permanently damage hearing, so he could have easily permanently injured a lot of bystanders.
That’s the logic that’s being used in the defense but it’s not necessarily true. If I were to engage a legitimate threat with a firearm but do so in a reckless manner, I would be justified in the shooting but not justified in the reckless Manor in which I discharge the weapon. That’s why carrying a firearm is such a responsibility and liability. In addition to having to determine what is and what is not a deadly threat you also have to know your surroundings and what is past your target. Generally, a bit more leeway is given once the shooting is justified, but in acquittal on criminal charges doesn’t justify the shooting. You acquittal on the other two charges just means there’s insufficient evidence to prove the crime. Having insufficient evidence to prove one crime does not mean that another cannot be proven. For those of you not in America who are trying to follow along, just don’t. It’s not worth the the headache.
If it’s self-defence to an extent where use of a firearm is “proportional force,” I fail to see how the venue comes into play.
The charges were:
- aggravated malicious wounding
- use of firearm for aggravated malicious wounding
- malicious discharge of a firearm within an occupied dwelling
The “aggravated” charges seem to have been decided as “not guilty”; the remaining one is not aggravated, just simple trying to shoot someone when there are innocent people nearby in range of the shots.
I bet the lawyers are going to dissect the meaning of “malicious”, but as I see it, he did intend to shoot someone; he didn’t fire a warning shot into a flower pot, the gun didn’t discharge accidentally. I’d say that qualifies as “malicious”.
It’s too bad someone had to get shot, but on balance I think this was a good outcome. There has to be the potential for serious consequences for being annoying and disrespectful of people’s personal space, especially if it’s for creating content.
I wish he would have just broken his nose.
