Prosecutors have charged four hotel workers in Milwaukee with felony murder following the June 30 death of D’Vontaye Mitchell.
A criminal complaint states that the employees dragged Mitchell, 43, out of the Hyatt hotel after he entered a woman’s bathroom, and held him down on his stomach for eight or nine minutes. The staffers can be seen on cellphone footage holding Mitchell in the driveway of the hotel, telling him to “stay down” and “stop fighting.”
According to the complaint, one of the employees told investigators that Mitchell was struggling to breathe and asked for help several times. Shawn Moore, who witnessed the incident, told CBS News that he could hear screaming coming from the hotel as he was walking in the area.
Those charged include on-duty security guard Todd Erickson, 60, off-duty security guard Brandon Turner, 35, front desk clerk Devin Johnson-Carson, 23, and bellman Herbert Williamson, 52.
Mitchell’s brother Darrell Giles told TMJ4 that “It’s a small victory, but we’re grateful because we’ve been steppin’ for him … we want these charges to stick.”
“It’s a bittersweet win, because really we shouldn’t be celebrating anybody getting charged with killing my brother, because it never should’ve happened in the first place,” Mitchell’s youngest brother Rendell Giles told the local outlet.
The county medical examiner found that Mitchell died from “restraint asphyxia and toxic effects of cocaine and methamphetamine.”
The medical examiner found that Mitchell may have survived if the employees had let him lay on his side. The autopsy also found that Mitchell was morbidly obese, the complaint said.
Mitchell’s relatives and their attorneys have previously viewed hotel surveillance video shared by the office of the district attorney. They have said they saw Mitchell being pursued inside the hotel before he was dragged outside and beaten.
Civil rights lawyer Ben Crump is one of the attorneys representing the Mitchell family. He has said that a video recorded by a witness, which has been shared on social media, shows security guards with their knees on Mitchell’s neck and back.
Crump has previously said that the video displays use of excessive force against Mitchell and he previously questioned why Milwaukee authorities hadn’t filed any charges in the case.
After the charges were filed on Tuesday, Crump said that “today marks a significant step towards justice for the family of D’Vontaye Mitchell.”
He added: “The evidence, including security footage and witness statements, paints a disturbing picture of a man in distress who was met with excessive and lethal force. The fact that D’Vontaye was held face down on the pavement for eight to nine minutes – just like George Floyd – is a sobering reminder of the urgent need for accountability and justice.”
Crump also represented the family of George Floyd following his 2020 murder by a Minneapolis police officer.
The company that operates the hotel, Aimbridge Hospitality, has said that a number of employees involved in the death have been fired.
“Our hearts are with Mr. Mitchell’s family and loved ones as this case moves forward,” a company spokesperson told CBS on Tuesday. “We have cooperated fully with law enforcement in their investigation into this tragic incident and will continue to cooperate with the district attorney.”