STERLING, Va. — A Loudoun County judge denied a motion to overturn a guilty verdict against a DoorDash driver who critically injured a man playing a prank on him for his YouTube channel.
In September, a jury acquitted Alan Colie, 31, of aggravated malicious wounding for shooting YouTube prankster Tanner Cook, 21, at the Dulles Town Center food court.
However, jurors found him guilty on the lesser charge of unlawful discharge of a firearm, which he could face a sentencing between six months and five years.
The defense argued the guilty verdict is inconsistent with the law, especially since the self-defense claim applied to all the charges. They asked Judge Matthew Snow to set aside the conviction because by finding Colie not guilty on the most serious charge, jurors determined he acted in self-defense, which should also be used for his guilty verdict.
Assistant Commonwealth Attorney Eden Holmes said, “Just because they returned a not guilty verdict, doesn’t necessarily mean they found self-defense.”
Judge Snow denied the defense’s request because he determined the jury had proper and sufficient evidence to come to their conclusion despite it being inconsistent, which is legal in Virginia.
“Why did the jury do this?” Snow said. “'Why' is not the standard for the Court to use.”
Snow also denied another motion to overturn the verdict because of a jury instruction. Defense attorney Adam Pouilliard said it was not simple, clear, and concise enough, which could’ve led the jury to make an “erroneous decision based on the understanding of the law.”
During the trial, Pouilliard argued Colie was acting in self-defense when he pulled out a gun from his pocket to shoot Cook in the stomach area. Colie had just picked up food from the food court in April when Cook, alongside a friend, put a phone near his face to play an explicit message as part of a prank recording for his YouTube channel Classified Goons.
The footage of the 20-second interaction was a key piece of evidence for the jury to consider.
When he testified, Colie described feeling confused by the phrase Cook was playing on his phone. 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.
Following the verdict, Cook told WUSA9, “I really don't care, I mean it is what it is. It’s God's plan at the end of the day.”
Despite the national attention and negative perception of his videos, Cook said he still plans to continue recording videos.
Judge Snow also denied request for bond.
A sentencing date has been scheduled on Dec. 21.