High-profile case of Beavercreek Lyft driver killed during robbery: What happens next?

Multiple court cases are pending in connection to the death of a Beavercreek Lyft driver in January 2022, including criminal cases involving two teen suspects and a lawsuit filed against multiple defendants, including Lyft and the two teens.

Brandon Cooper, 35, was shot early Jan. 26, 2022, during an attempted robbery in Dayton after a group of teens reportedly used the Lyft rideshare app to lure Cooper by hiring him for a ride.

Two teen suspects had their cases moved to adult court. Here’s where the cases stand and what’s next.

What happened?

  • Dayton police responded around 2 a.m. Jan. 26, 2022, to Ferguson Avenue after a vehicle’s OnStar system reported a possible crash. Officers found Cooper dead inside the vehicle. He reportedly was shot in the back.
  • Investigators determined the homicide was connected to a robbery earlier that morning after a different Lyft driver reported her cellphone, wallet and car were stolen.
  • Police found the stolen vehicle around 3 a.m. on Anna Street. When officers approached a house three people refused to come outside, prompting a SWAT standoff. Four juveniles eventually were taken into custody.

Who is facing charges?

  • Two teen boys were charged in Cooper’s death. Both boys, who were 15 at the time of the shooting, initially were charged in juvenile court with aggravated robbery and aggravated murder. The Montgomery County Prosecutor’s Office filed a motion in February 2022 for the teens, both from Dayton, to be tried as adults. Two other juveniles charged in the incident were found to be amenable to treatment in the juvenile justice system.
  • Montgomery County Juvenile Court Judge Helen Wallace approved the case of one of the suspects, Da’Trayvon Mitchell, to be transferred to Montgomery County Common Pleas Court. A grand jury indicted him Dec. 22, 2022, on charges of murder, aggravated robbery, felonious assault, tampering with evidence, grand theft of a motor vehicle and discharge of a firearm on a public road or highway.
  • Wallace on Sept. 6, 2023, approved for the case against the second teen be transferred to adult court. Tylan Amir Peaks was indicted Sept. 20, 2023, on charges of murder, aggravated robbery, grand theft of a motor vehicle, felonious assault and tampering with evidence.
  • Mitchell, now 17, pleaded guilty June 25, 2024, to one count each of murder and aggravated robbery. A dozen charges, including murder, aggravated robbery, felonious assault, discharge of a firearm on or near prohibited premises, tampering with evidence and grand theft (motor vehicle) were dismissed as part of his plea agreement.
  • Peaks, also now 17, pleaded guilty July 9, 2024, to 17 felony charges: four counts of murder, six counts of aggravated robbery, two counts of felonious assault, one count of tampering with evidence and four counts of grand theft (motor vehicle) for incidents involving a Kia Forte, Nissan Rogue, Chevrolet Cruze and Subaru Impreza. No counts were dismissed as part of his plea, records show.

What’s happening in the civil lawsuit?

  • Cooper’s family filed a civil suit in December 2022 against Lyft, Mitchell, Peaks and five John and Jane Does who are Lyft employees responsible for the company’s protocols and policies.
  • The lawsuit claims Lyft was negligent and caused Cooper’s death and that the company fails to implement effective safety measures to protect drivers. It also argues Lyft didn’t use all available safety features, such as forcing users with anonymous payment methods to verify their identity.
  • In September 2023, Montgomery County Common Pleas Judge Mary Wiseman ruled against Lyft’s motion to dismiss the lawsuit, claiming in part that the company has no legal duty to protect against third party acts that were not foreseeable. In a memo opposing the motion to dismiss, the legal team for the Cooper family claimed Lyft ignored multiple signs Cooper was in danger and chose to ignore signs that Dayton drivers were in danger. Lyft responded, saying the company offers multiple payment options to support users who may not have access to traditional finance services. It said it cannot tell whether a passenger will commit a crime based on form of payment, and said a string of phone thefts in the Dayton area was not a clear sign the account used in Cooper’s death posed a threat.

What is next?

  • Mitchell is scheduled to be sentenced July 24 by Montgomery County Common Pleas Judge Dennis Adkins. He faces at least 25 years to life in prison, according to plea documents.
  • Peaks is scheduled to be sentenced July 31, also by Adkins. He faces at least 36 years to life in prison, court records show.
  • In the civil suit, a final pretrial hearing is scheduled for Sept. 3, 2024, and a trial on Sept. 23, 2024.

About the Authors