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Prosecution considering charges against YouTuber shot during video prank

21-year-old Tanner Cook, who is no longer in the ICU, is accused of harassing and targeting the suspect who allegedly critically shot him.

STERLING, Va. — Tanner Cook may have been critically shot while recording a prank for his YouTube page inside Dulles Town Center, but he could still face charges, according to a Loudoun County prosecutor.

The 21-year-old YouTube prankster is behind the channel Collective Goons, which has more than 41,000 subscribers. He and a friend, both from out of state, were reportedly at the mall on Sunday to record another prank video when the suspect Alan Colie, 31, allegedly shot him in the stomach.

Public defender Adam Pouilliard argued it was Cook who antagonized the suspect, much like in his other prank videos. In many cases, the subjects in previous pranks become irate at Cook.

Detective Katie Mitchell of the Loudoun County Sheriff’s Office took the stand. She said Cook was playing the phrase “I think you smell” on the phone using Google Translate.

Related: Herndon woman says she was ‘traumatized’ by prank YouTuber weeks before Dulles Town Center shooting

Mitchell said Colie, who was at the mall to pick up food for DoorDash, told Cook to stop several times and tried to walk away. Despite swatting the phone away from his face, she said Cook persisted.

Deputy Commonwealth Attorney Anthony Needham later added the alleged gunman told Cook to leave him alone. Cook was apparently as close as six inches away when he pulled a gun out of his vest.

“[Colie] was targeted, harassed, accosted and followed,” said Pouilliard. “He attempts to get away from the situation.”

Pouilliard argued his client deserved bail during a hearing on Wednesday. He said Colie had no prior convictions, drug abuse or cases of failing to appear in court.

However, the prosecutor said the shooting was not justified because Colie shot someone who was unarmed inside a mall. The judge denied the bond request and believed Colie was a danger to the public.

Although Colie is charged with aggravated malicious wounding, use of a firearm in the commission of a felony and discharging a firearm within a building, Needham said the Loudoun County Commonwealth’s Attorney’s Office is looking into charging Cook.

The Loudoun County Commonwealth's Attorney's Office released the following statement to WUSA9 regarding the possible charges:

"This matter is still under investigation.  The actions of Tanner Cook and Alan Colie are under review.  Once the investigation is complete, the OCA will review the evidence and make such charging decisions as are supported by the facts. This may result in additional charges."

Cook’s father Jeramy Cook said his son is no longer in the ICU but remains in the hospital.

He said since WUSA9 first aired the story, his family has received numerous messages from people across the country who says his son deserved to get shot.

Jeramy Cook said he does not hold resentment against Colie but argues nothing justified the shooting. The father also defended his son despite concerns that his videos are perceived as harassment.

“I support my son making a life for himself and trying to make a living,” he said.

"Some of the stuff I've seen on there is not my favorite but some of the things I've done at 21 years old is not my favorite either. He's fun, loving and at times a goofy kid. He doesn't have a mean bone in his body. He doesn't want to hurt anybody. That's not where he was coming from. Is he being outlandish sometimes to get attention and views and build an audience? Sure. Guilty as charged there."

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