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Justice For D’Vontaye Mitchell: Settlement Reached In Black Man’s Milwaukee Hotel Death

marky
by marky 11:37 AM
Protesters march and protest against the deaths of two Black...

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UPDATED: 2 p.m. ET, Aug. 19

There has been a settlement in the death of a Black man who died after a violent confrontation with employees at a hotel in Milwaukee last month.

While details in the settlement for the death of D’Vontaye Mitchell were not immediately made clear, the legal team representing his family released a statement Monday announcing the update in the case.

“In recent weeks, we entered good faith conversations with the goal of helping to achieve resolution for the family of D’Vontaye Mitchell. We are pleased to share that we have reached an amicable settlement,” civil rights attorney Ben Crump and co-counsels Will Sulton and B’Ivory LaMarr said in a statement sent to NewsOne. “The terms of an agreement will be confidential. The parties are pleased that they were able to resolve this matter outside of court and will have no further comment about the settlement.”

The settlement comes a little less than two weeks after hotel security guard Todd Erickson; front desk worker Devin Johnson-Carson; bellhop Herbert Williamson; and security guard Brandon Turner were all charged for their role in Mitchell’s death, according to the Milwaukee County District Attorney’s office.

From the Associated Press:

According to a criminal complaint, the four employees dragged Mitchell out of the Hyatt Hotel on June 30 after Mitchell entered a woman’s bathroom and held him on his stomach for eight or nine minutes. One of the employees told investigators that Mitchell was having trouble breathing and repeatedly pleaded for help, according to the complaint.

Civil rights attorney Ben Crump, who represents the family, called the charges a “significant step towards justice.”

“Today marks a significant step towards justice for the family of D’Vontaye Mitchell,” said Crump. “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 called for “comprehensive training” for security personnel who may find themselves in similar situations.

“This case underscores the critical need for comprehensive training and oversight of security personnel to ensure that they are equipped to handle situations without resorting to excessive force,” said Crump. “The charges filed today are an important step, but they are just the beginning. D’Vontaye’s life mattered, and his story will not be forgotten.”

Dvontaye Mitchell mother

 

Mitchell, a Milwaukee Black man whom security officers killed outside a Hyatt Regency, died from “restraint asphyxia and toxic effects of cocaine and methamphetamine,” according to an autopsy report, which was released last week by the Milwaukee County Medical Examiner’s office.

According to the report, Mitchell’s death was ruled a homicide.

“This 43-year-old male was restrained by four people after being combative in the hotel lobby,” an investigation report from the medical examiner’s office states. “He reportedly went unresponsive while staff awaited police arrival. Illicit drug paraphernalia was found on his person. The decedent was conveyed to this office for an autopsy.”

After the release of the autopsy report, civil rights attorney Ben Crump, who represents the family, demanded charges against the officers involved in D’Vontaye Mitchell’s death.

“The medical examiner’s report concluded that Mitchell died from restraint asphyxia and ruled his death a homicide. These findings demand immediate charges against the officers involved, Crump said in a statement. “Mitchell was in the midst of a mental health crisis and, instead of abiding by their duty to protect and serve, the security officers and other Hyatt staff used excessive force that inflicted injury resulting in death. We will not rest until we achieve justice for Mitchell and his grieving family.”

The medical examiner’s report also gave new details into the moments that led to Mitchell’s death.

From CNN:

According to the medical examiner’s investigation report, Mitchell “entered the lobby of the Hyatt Regency Hotel and appeared to be frantic and panting.

Mitchell “ran into the women’s restroom and attempted to lock himself inside with other females using the restroom,” the report continued. “The women inside began to scream, so two hotel security staff gained entry into the restroom and removed Dvontaye. He reportedly became combative with security and attempted to reach into their pockets. Security personnel struggled to subdue him and began to physically drag him out of the hotel through the front entrance.”

Two other hotel employees assisted the two security personnel once Mitchell was outside, the report states. “He was still combative, so all four employees held him down on the concrete face down until MPD arrived,” the report says. “It was unknown at this time where the hotel staff restrained Dvontaye and to what extent.

 

 

On July 11, criminal charges were referred in the case of the shooting death of D’Vontaye Mitchell, after a violent altercation with employees at a hotel in Milwaukee, according to a new report.

The Milwaukee Police Department referred murder charges for four people in the killing of D’Vontaye Mitchell, who died after being restrained by security guards on June 30. It is now up to the Milwaukee County District Attorney’s Office to bring or decline indictments, Fox 6 reported.

The murder charge referrals came hours after it was announced that the Hyatt Regency employees involved in Mitchell’s death were fired after the company that manages the hotel reviewed surveillance video.

“The conduct we saw from several associates on June 30 violated our policies and procedures, and does not reflect our values as an organization or the behaviors we expect from our associates,” a spokesperson for Aimbridge Hospitality said in an email to AP. “Following review of their actions, their employment has been terminated. We will continue our independent investigation and do everything we can to support law enforcement with their investigation into this tragic incident.”

The company did not disclose how many employees were terminated.

Mitchell’s family is demanding answers after the Black man was killed by security guards at a Wisconsin hotel last month.

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Source: VINCENT ALBAN / Getty

On June 30, D’Vontaye Mitchell was at the downtown Hyatt Regency in Milwaukee when authorities escorted him out of the hotel, claiming he “caused a disturbance,” according to CNN.

A video, which was posted to social media, shows four security guards pinning D’Vontaye Mitchell to the ground while the Black man pleads with the guards, saying, “please” and “I’m sorry.

From CNN:

One of the guards, who appears to be White, can be heard saying “stay down,” and “stop fighting,” as the others, who appear to be people of color, hold Mitchell down. The same guard is heard calling out to witnesses, “This is what happens when you go into the lady’s room.” It’s unclear what led up to Mitchell’s encounter with the security guards, how long it took police officers to arrive on the scene, and what Mitchell was doing at the hotel.

By the time police arrived on the scene, D’Vontaye Mitchell was unresponsive and pronounced dead, according to Milwaukee Police.

The Milwaukee County Medical Examiner’s Office initially ruled Mitchell’s death as a homicide, but the final manner is yet to be determined.

“The cause and manner of death is pending toxicology and further investigation,” Karen Domagalski, who works for the medical examiner’s office, said. “We do not have a timeline for when this case will be finalized.”

But Mitchell’s family says they are traumatized by his untimely death, saying that his children can’t even go to the grocery store without being reminded of their father’s death.

“We couldn’t even go into the grocery store with my daughter without her being afraid of the security standing at the door,” Mitchell’s widow, DeAsia Harmon told CNN. She said, “Is all security bad or just the ones who murdered my dad.’”

Family attorney Ben Crump called the incident “troubling” and “disturbing.”

“It is deeply troubling that we have lost another Black man in an encounter with security personnel, raising serious concerns about the use of force, lack of accountability, and absence of mental health considerations,” Crump said in a statement. “The circumstances surrounding D’Vontaye’s death outside the Hyatt Regency Hotel as disturbing and as described by a witness, reminiscent of the killing of George Floyd. D’Vontaye’s family is now left searching for answers and justice in the face of this tragic loss.”

He continued, “We demand a thorough and transparent investigation into the actions of the security guards involved in the incident. It is unacceptable that this case is not being considered a criminal investigation despite the fatal outcome, which the medical examiner considers a homicide. The fight for justice for D’Vontaye Mitchell has just begun, and will not rest until those responsible are held accountable,” said Crump.

Rev. Al Sharpton, Founder and President of NAN, also demanded justice for Mitchell’s family.

“We cannot watch D’Vontaye Mitchell’s murder be washed out by the RNC coming to town, where they will solidify a nominee whose view of justice is pure brute force,” said Sharpton. “You cannot answer a Black man’s cries for help during a clear mental crisis with a knee on his back or his neck. People from all over the country will descend upon Milwaukee in the days to come, and it’s our mission to see the state of Black Americans and why Dvontaye’s family deserves justice.”

Sharpton will also deliver the eulogy for D’Vontaye Mitchell in Milwaukee this Thursday as thousands descend upon the city for the start of the Republican National Convention next week.

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The post Justice For D’Vontaye Mitchell: Settlement Reached In Black Man’s Milwaukee Hotel Death appeared first on NewsOne.


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