Suspect had failure to appear charge

NORFOLK, Va. (WAVY) - Police released more information Wednesday about a 29-year-old man shot when he attempted to steal a police officer's unmarked car.

Marius Xavier Mitchell, 29, of Norfolk is facing charges of malicious wounding, grand larceny and felony eluding police, according to Chris Amos with the Norfolk Police Department.

Amos said an officer attempted to stop the car Mitchell was a passenger in at Hampton Boulevard and Beechwood Avenue on Tuesday. He said Mitchell then ran out of the car and the officer followed him on foot.

MItchell circled back around to the front of the 7-Eleven, got behind the wheel of the officer's car and tried to drive away, according to Amos. The officer reached into the car to attempt to restrain Mitchell.

"Much to the officer's surprise, the suspect put the car in drive and began to take off, dragging the officer across the parking lot," Amos said. "So he reached for his weapon and fired at the suspect, and obviously after the suspect was struck, he put the car in park and surrendered to police," Amos said.

As of Wednesday, Mitchell continued to recover from non-life threatening injuries at Sentara Norfolk General Hospital.

"I think if the officer realized if Mitchell made it to Hampton Boulevard, we could be preparing for an officer's funeral today," Amos said. "The officer, fearing the worst, did what he had to do and luckily the suspect will be okay," Amos added.

Amos said the driver of the car Mitchell was initially a passenger in is still missing, but a third subject, also a passenger, is helping the investigation.

"We have identified one of the two and he is cooperating," Amos said. "No charges are being pursued against him."

WAVY.com has learned that one of the reasons Mitchell may have taken off running even though he wasn't driving the car is that he has a failure to appear in court charge in Virginia Beach for driving on a suspended license.

"Had they stopped, at most, a traffic summons would be issued," Amos said.

Mitchell's court records include five charges of driving on a suspended license.