Charges: D'Vontaye Mitchell died after being held down for about 9 minutes
MILWAUKEE – Four Hyatt Regency workers face charges in the death of D’Vontaye Mitchell, a Black man who was punched and beaten with a broom during a confrontation with the four men, a criminal complaint says.
Milwaukee County prosecutors on Tuesday filed charges against four men who they believe played a role in the incident.
Todd Alan Erickson, 60; Brandon LaDaniel Turner, 35; and Herbert T. Williamson, 52, all of Milwaukee, and Devin W. Johnson-Carson, 23, of South Milwaukee, each face a charge of felony murder.
The 43-year-old Mitchell died during a deadly June 30 confrontation with security at the downtown hotel, where he was held down for about nine minutes. The incident drew comparisons to the murder of George Floyd, a Black man who was killed by Minneapolis police in 2020.
"Finally," attorney Benjamin Crump, who represents Mitchell's family, told the Milwaukee Journal Sentinel. "The legal team and the family are relieved the district attorney is filing charges. But we can't be satisfied until we get a conviction.
"We're going to keep fighting until we get full justice for this family. And we're going to keep showing up … to make sure they don’t just get a slap on the wrist."
Erickson and Turner were employed by the hotel as security guards. Williamson worked at the Hyatt as a bell driver door attendant. Johnson-Carson was a front desk agent. Arrest warrants were issued for them Tuesday. As of Tuesday night, none appeared to be in custody at the Milwaukee County Jail.
More:'You beat him to death': What happened to D'Vontaye Mitchell at the Hyatt Regency hotel in Milwaukee comes to light
Mitchell's death touched off days of protests and demonstrations during which members of Mitchell's family and other supporters pressured Milwaukee County District Attorney John Chisholm to bring criminal charges against the men involved in the encounter.
One demonstration took place during the Republican National Convention outside the Hyatt, which served as a main venue for the political event.
Here's what prosecutors believe happened that afternoon
Detectives and prosecutors have been aided in their investigation by surveillance video shot inside the hotel that recorded the incident.
According to the criminal complaint, the incident began as Mitchell ran across the lobby of the Hyatt Regency and “in what appears to be a frantic manner” into the gift shop and subsequently into a women's bathroom. He attempted to lock himself inside with two women who were already in the bathroom.
Seconds later, a woman is seeing emerging from the lavatory “in what appears to be a hurry,” the complaint said.
As she exits, Turner entered the bathroom and pulled Mitchell out, grabbing him by the shirt and escorting him down a hallway toward the Kilbourn entrance.
The struggle between Turner and Mitchell made its way into the main lobby. It's there that Turner at one point backed away and punched Mitchell, knocking him to the floor, the complaint alleged.
A hotel guest, identified in the complaint only as SB, jumped in to help Turner. Turner and SB escorted and later dragged Mitchell through a set of sliding doors.
Another hotel employee, identified as TB in the complaint, is seen in the video striking Mitchell in the legs with a broom, forcing him to his knees. The complaint says Turner then punched Mitchell about six times. Some of the blows came while Mitchell was down, the document says.
Mitchell managed to get back on his feet and appeared in the video to be trying to reenter the hotel. That’s when SB, Turner, Johnson-Carson and Williamson surrounded him, blocking his way back in, according to the complaint.
Erickson arrived, then all four men tackled Mitchell in the hotel driveway, the complaint says.
Prosecutors allege Turner and Johnson-Carson punched Mitchell while taking him to the ground, and that Erickson tried to strike Mitchell with his fist, but instead kicked him in the torso.
More:'You beat him to death': What happened to D'Vontaye Mitchell at the Hyatt Regency hotel in Milwaukee comes to light
Mitchell was held down, force was placed on his back
The complaint says the video shows Mitchell laying on the ground on his left side, holding his right arm up to guard himself from more blows. Erickson and Turner are seen trying to flip Mitchell onto his stomach, but Mitchell appears to resist.
It appears in the video Williamson and Johnson-Carter try to help Erickson and Turner in forcing Mitchell to his stomach, while also holding him down.
Investigators said in the document Turner, Erickson and Williamson put varying amounts of force on Mitchell's back, shoulders and arms as they held him down.
They held Mitchell in that position for roughly eight or nine minutes until police and emergency responders arrived.
Mitchell apparently tried to break free from the defendants’ restraint multiple times, the criminal complaint said. But by then, Mitchell had stopped showing movement or resistance or other signs of life.
A detective described Mitchell’s behavior that day in the complaint as “erratic and confusing,” and that he engaged in “continuous physical resistance against the men.” He also noted, in the video, Mitchell “does not instigate any violence or display any obviously aggressive or threatening behavior while on the hotel premises.”
Charges come '36 days too late' for Mitchell's family
The Milwaukee County Medical Examiner recently determined Mitchell had drugs in his system and that he died from restraint asphyxia.
A metal pipe, consistent with inhaling cocaine base, was found after the confrontation in Mitchell’s left shoe, the complaint said. A medical examiner found Mitchell possessed a similar pipe made of glass, according to the document.
A copper chore boy, a cleaning pad, was located in Mitchell’s pocket. He had no cash or a wallet.
Members of Mitchell’s family said while the outpouring of support from many in the community has been a comfort, coping with losing their loved one continues to be a struggle.
“It’s about 36 days too late,” said Rendell Giles, one of Mitchell’s brothers. “There’s video. This should have happened within 24 hours.”
Still, Nayisha Mitchell said news of arrests in her brother’s death has given the family some measure of hope.
“This is a move in the right direction,” she said. “We’re going to keep standing, keep pushing and keep moving until we get what we’re looking for. And that’s for all these individuals to be convicted.”
Chisholm issued a statement late Tuesday saying the charges resulted after “an extensive review of the evidence collected by the Milwaukee Police Department, the autopsy conducted and the report produced by the Milwaukee County Medical Examiner’s Office, and information received from members of the community.”