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Victim’s threat sparks mistrial in carjacking

The trial of an accused armed robber ended in a dramatic mistrial Wednesday when the victim threatened to kill the defendant and stormed off the witness stand.

The woman, Jessica Simon, had been shot in the abdomen after she and her sister were carjacked by two men outside a home on Avondale Drive in September.

Daurrell L. Figgs, 20, of the 1000 block of Milton Street, was charged with two counts of robbery, one court of battery and one count of aggravated battery. According to court documents, Figgs’ fingerprint was found inside the car and the women identified him as their attacker.

The second man was never identified, though a family member of Figgs’ told police Figgs committed the crime with another family member.

An Allen Superior Court jury of six men, six women and a male alternate was picked Wednesday afternoon and heard opening arguments before Simon took the stand, crying as she walked to the chair.

During her testimony, Simon said she and her sister were sitting in front of her sister’s home, smoking cigarettes in Simon’s car. A man she identified as Figgs came to the passenger-side window, asked for a cigarette and was told no. A few minutes later, Simon said, the rear driver’s-side door of the car was pulled open and two men jumped in.

Simon remembers hearing police sirens in the distance as one of the men, whom she believes is Figgs, yelled, “I have warrants. (Expletive) drive.”

“I didn’t know what to do,” Simon said, crying. “It was all surreal, like I wasn’t there.”

Simon described in great detail the robbery itself, identifying Figgs as her attacker throughout – the man who pulled out the gun, struck her in the face with it and robbed her and her sister.

Eventually the man was outside the car, tugging on her sister’s purse. Simon said she feared her sister would be killed. Then he turned the gun on her, firing a shot across the trunk of the car and hitting her in the abdomen.

“I thought I was going to die,” she said. “This is it. I’m going to die.”

It was during cross-examination that the proceedings seemed to be too much for Simon, who grew visibly impatient with defense attorney Quinton Ellis’ questioning.

When he asked her whether she struggled with the robber over her purse, Simon lost her composure.

“He (expletive) took it,” she yelled. “He (expletive) shot me.”

Then Simon screamed at Figgs and made her way toward the defense table, threatening to kill him. She was redirected by the bailiffs and ushered out of the courtroom.

Allen Superior Court Judge John Surbeck declared a mistrial, over the argument of Allen County Deputy Prosecutor Wendy Davis Williams.

Figgs remains in custody, and a new trial will take place in March.

rgreen@jg.net