D’Vontaye Mitchell passed away in June after being restrained by security personnel outside a Milwaukee hotel; four persons have been charged with felony murder in connection with his death, the prosecutor’s office announced on Tuesday.
The Milwaukee County medical examiner said in a report last week that Mitchell, 43, died in the event on June 30 from suffocation and the effects of numerous drugs; his manner of death was considered a homicide.
According to court filings, Todd Alan Erickson, Devin W. Johnson-Carson, Brandon LaDaniel Turner, and Herbert T. Williamson have all been charged with felony murder.
According to the Milwaukee County District Attorney’s Office, all four had arrest warrants issued.
Ben Crump, a civil rights lawyer, has drawn comparisons between the death of Black man Mitchell and the 2020 Minneapolis murder of George Floyd, who was being restrained by a police officer who was found guilty and given a 22½-year jail sentence.
According to the charging paperwork, felony murder carries a maximum sentence of 15 years and nine months in prison if found guilty.
There were no attorneys listed for Erickson, Johnson-Carson, Turner, or Williamson in online court records. On Tuesday, their phone numbers were not immediately available.
Officials and court filings state that on June 30, Mitchell was face down on the ground outside the downtown Hyatt Regency hotel by four hotel staff members, including security officers.
A person entered the establishment, “caused a disturbance,” and “fought while being escorted by security guards” him out, according to police reports. He was held by security until the police showed up.
According to the criminal complaint filed by the police, Mitchell was unconscious and on the ground in a driveway when they found him around 4:30 p.m.
According to the records produced by the police, Johnson-Carson worked as a front desk agent, Williamson was a bell driver and door attendant, and Erickson and Turner were security guards.
Mitchell was allegedly tackled, punched, and kicked during a scuffle, according to the police complaint. Turner, Johnson-Carson, and Erickson are accused of hitting Mitchell three times each with closed fists, once with a fist, and once in the torso.
According to the police complaint, Mitchell was shown on camera being restrained to the ground for eight or nine minutes, during which he intermittently fought to release himself.
“By the conclusion of that time frame, DM no longer exhibited resistance, movement, or other life-giving characteristics,” police noted, abbreviating Mitchell’s name Mitchell.
Following the event, authorities reported that the four suspects spoke with them.
Cops said that after Erickson informed them that Mitchell was having difficulty, they had to restrain him. They said in the complaint that “Erickson stated that he did not do anything to intentionally harm or kill DM.”
Williamson said he believed Mitchell was responding and that he and others were telling Mitchell to calm down, according to police reports.
Williamson told investigators, “The following moment, I became aware that he was not conscious.”
Johnson-Carson claimed to be holding Mitchell’s feet and to have heard him sigh and utter the words “stop” and “why,” according to the police report.
According to the complaint, Johnson-Carson also told officers that he believed he remembered Mitchell mentioning something about breathing, but he was unable to recall the precise words.
According to Johnson-Carson, Erickson checked Mitchell’s pulse a few times and none of the four indicated any doubt that he was not breathing when he was on the ground, as per the police complaint.
In their criminal complaint, the police referenced a Facebook video that “shows loud breathing and gasps” along with Mitchell apologizing.
Criminal charges had been urged by Mitchell’s relatives.
Tuesday’s murder charges were hailed by Crump as “a significant step towards justice.”
“This story emphasizes how important it is for security professionals to receive thorough training and supervision so that they are prepared to manage situations without using excessive force,” he said in a press release. “Though the charges brought today are a significant step, they are only the start. D’Vontaye’s life was significant, and his narrative will go on.