District attorney decides NO charges will be issued after Jay Anderson shot and killed in Wauwatosa

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WAUWATOSA -- The family of Jay Anderson and Wauwatosa Police Chief Barry Weber held separate news conferences Monday, December 5th. It was announced the district attorney WILL NOT be issuing charges against Officer Joseph Anthony Mensah -- the Wauwatosa police officer who shot and killed Anderson in June.

Anderson was shot and killed by Officer Mensah on June 23rd in Wauwatosa's Madison Park. Officer Mensah opened fire after approaching Anderson, who was believed to be asleep.

Police say Anderson had a gun. Family members believe he did nothing wrong.

There were no witnesses to this shooting, other than Officer Mensah and a 28-second video clip from Officer Mensah's dash camera.

Jay Anderson shot and killed by Wauwatosa police officer

Wauwatosa Police Chief Barry Weber said Monday the Milwaukee County District Attorney's Office decided Officer Mensah's use of force was justified in this case. He will NOT face criminal charges.

"This incident is a tragedy for everyone involved. The Wauwatosa Police Department treats everyone we come into contact with with dignity and respect. Human life is the most important commodity in our society today," Chief Weber said.

Wauwatosa police on Monday released a report from the Milwaukee County District Attorney's Office which includes an official narrative of events that transpired during the early morning hours of June 23rd.

Weber said on June 23rd, Officer Mensah observed Anderson's vehicle in Madison Park during the early morning hours. Officer Mensah investigated, as Weber noted the park closes at 10:00 p.m. and if there are vehicles in the park after hours, officers are supposed to investigate.

Madison Park officer-involved shooting

Madison Park officer-involved shooting

Officer Mensah approached Anderson, who appeared to be sleeping in his vehicle.

"When he investigated, he observed a semi-automatic handgun on the passenger side of that vehicle in the park. That weapon turned out to be a Ruger 9mm loaded with 16 rounds of ammunition plus one in the chamber. The officer requested backup and said the subject he was involved with at the park had a gun," Weber said.

Weber said Officer Mensah told Anderson he could see the gun and took out his firearm -- ordering Anderson to raise his hands, and to not reach for the gun. Anderson allegedly lowered his arm towards the gun at least three times.

"The subject raised his hands above his shoulders, suggesting he was complying with the officer's orders. On several occasions, the subject started leaning his right arm towards the front passenger seat where gun was located. On each occasion, the officer directed verbal commands to the subject to not reach for the weapon and keep his hands up. The subject suddenly reached for the gun with his right hand, and fearing for his safety, the officer discharged his weapon as he disengaged from the vehicle," Weber said.

Jay Anderson shot and killed by Wauwatosa police officer

Immediately after the shots were fired, Officer Mensah remotely activated the camera in his squad car -- which retroactively recorded 20 seconds prior to him hitting the button.

Wauwatosa police on Monday released a DVD of dash camera footage -- 28 seconds of video recorded of the shooting. It does not include audio.

Wauwatosa Police Chief Barry Weber

Wauwatosa Police Chief Barry Weber

"I have watched this video at least 20 times, and I was able to watch it in slow motion -- forwards, backwards, frame by frame. I could take as much time as I needed. The police officer had less than one second to make the decision. A trained police officer who reasonably believes there is an imminent threat of death or great bodily harm is authorized by law to use deadly force," Weber said.

Below, you can take a look at the dash camera video from this incident. There are several reiterations of the video -- where the video zooms and slows.

WARNING: This video is graphic and may not be suitable for all audiences. Viewer discretion is advised.

According to the Milwaukee County District Attorney's Office, an autopsy revealed Anderson had marijuana in his system, and was in possession of 12.41 grams of marijuana.

"The subject was later determined to be legally intoxicated and also had marijuana in his system at the time," Weber said.

The report indicates a check of Officer Mensah's gun revealed he discharged six times.

Weber said Officer Mensah has had counseling, and has been cleared to return to duty. Weber said Officer Mensah has received death threats since this incident.

"The officer involved in this incident will be returned to duty," Weber said.

Weber said Officer Mensah was clearly in a dangerous situation on June 23rd in Madison Park.

Madison Park Crime Scene

Madison Park Crime Scene

Mensah was also involved in a shooting death that happened in July of 2015. Weber said Mensah was approached by a man with a sword.

FOX6 News asked Chief Weber Monday whether body cameras are something the Wauwatosa Police Department is considering after this incident.

"We`re in the testing phase," Weber said.

News of no charges against Officer Mensah in this case was not the news the Anderson family was hoping for.

"The Anderson family has received the decision they were dreading.  The District Attorney's Office has advised that they will not be issuing criminal charges against Wauwatosa Police Officer Joseph Mensah," Jonathan Safran, the family's attorney said.

During the nearly six months since this shooting happened, the Anderson family has pushed for the officer's name to be made public, and for dash camera video from this incident be released -- something that wasn't done until Monday, after the district attorney's decision regarding charges was announced. The family has urged a boycott of businesses in Wauwatosa -- especially Mayfair Mall this holiday season -- in an effort to increase transparency.

Justice for Jay Anderson

Anderson's family now plans to seek federal charges with the U.S. Attorney's Office. They want prosecutors to investigate whether criminal civil rights charges are warranted.

We're told federal officials have indicated they would do that review.

The family said Monday they're extremely disappointed in the justice system. They said they're skeptical about the police investigation in this case -- claiming a lack of transparency. They said the dash camera video leaves many unanswered questions.

Jonathan Safran

Jonathan Safran

"At least twice, the video recording depicts Mr. Anderson's hands falling down and his head slump forward as if he were falling asleep or passing out," Safran said.

Police claim Anderson was reaching for the firearm they say was on the passenger seat in his vehicle.

"There is no evidence that Mr. Anderson lunged for, touched, raised or pointed any gun that may have been in the vehicle," Safran said.

"The gun was removed. There were things that were done that were very suspect," Michael Kemet, Anderson family friend said.

Star Delarosa, Jay Anderson's fiancee

Star Delarosa, Jay Anderson's fiancee

Anderson's fiancee and mother of his child said Monday she's "sick to her stomach" over the decision for no charges in this case.

"I feel sick to my stomach knowing he will be back on the force, but my daughter will never get to see her dad again. It's not right. My baby asks about him daily," Star Delarosa, Anderson's fiancee said.

"It's disgusting. This man gets to walk the Earth and my son is dead," Linda Anderson, Jay Anderson's mother said.

Wauwatosa police said Officer Mensah will return to work -- and Wauwatosa PD will conduct their own internal investigation to see whether he followed procedure.

Monitor FOX6 News and FOX6Now.com for updates on this developing story.

19 comments

  • bombacim

    If they have a problem with the fact the DA’s office is not going to press charges. Then go to the Mayor’s office. Go to the democratic DA’s office. They are the public officials you put in charge of these type of things. Not citizens trying to shop around Christmas.

  • sick of it all

    Looks to me like he was reaching for something. What I saw was his right arm quickly dropped toward the passenger seat.

  • Opinion8d

    The video pretty much says it all…..I hope they don’t pay the family one penny!!! Once again, they want to blame the cop….it’s just ridiculous. Now the guy has to actually have gun in hand and have it pointed in a threatening manner for it to be okay??!?!? Really!?!? Failure to Comply!!!! It’s that simple!

    • Opinion8d

      It’s called police training – shoot until the threat is no more. Watch any police training videos -or just go to liveleak and see what can happen in a shootout. People have unloaded clips without hitting each other. Also, a wounded person can still react and return fire. The shots fired probably only took a second or two to fire…..it’s not like they are trained to shoot and wait… In this case, Jay failed to comply, and with a gun right in reach, there is nothing more important than complying!

    • Dan

      most people when threatened will unload, its quite natural because they fear for their life, they dont know if they hit the guy, they dont know if he is still able to shoot back. often people can be hit 4-8 times and live, some return fire as well

    • Mena Arkansas

      Yeah, why didn’t he just shoot the gun out of his hand like in western movies? That’s what an old-timey sheriff would have done. How does the woman not recognize the difference between a police officer killing two people in the line of duty and ordinary citizens resorting to murder? I really think there needs to be a portion of civics class devoted to understanding law, compliance, logic, common sense and a how to not become a casualty for grades 8-12. Apparently these concepts elude many of the people involved in and associated with these types of police interactions.

  • Requesting accountability

    Ok, when will you step up and say this when a black child is killed????? Tired of this bs. BLM!!!!!! Get a grip.

  • confused

    16 rounds with one in the chamber. Interesting. When most people have trouble sleeping-that’s how this allegedly started-they don’t drive to a closed park, intoxicated with a loaded weapon-cc or not. Failure to comply immediately once again.

  • Dan

    I didnt expect this to be a clean shooting, but it clearly shows the dead man at 3:00am reaching for a gun several times, was it out of fear or was it to threaten the Cop, who knows. Moral of the story is dont be in a closed part at 3:00am with a handgun next to you, than reach for it. Cops have to go home to their wife and kids also, they dont need unknown people with guns in closed areas reaching for guns. Anyone who is protesting after watching this is harming their reputation and cant be taken seriously.

  • Jeff Gerboth

    Put yourself in the cops position and ask yourself if you would have done anything different. You’re alone at closed park at 0300 and you approach a car with a man (doesn’t matter what color) in the drivers seat and a visible handgun in the passenger seat. The video clearly shows his right arm lowering towards the gun. What would you do? We don’t know Mr Anderson’s intent. He could have been reaching for his gun, or he could have been so wasted he was unable to comply. The cop had to make a split second decision. I feel bad for all involved.

    • Dan

      yep, the most responsible thing the family could do is be objective, see that the officer did his job and that the problem is a man high on drugs and alcohol at 3:00am with a gun. People wasted with guns at 3:00am are the problem. Personally I feel guns, drugs and dubious situations will end in that persons life quickly and it should be harshly disapproved of by his family.

  • Ms M

    Every since Blacks stepped one foot on American soil, 400 years ago, we have been fighting for rights as a human beings. That’s a hell of a fight, fighting everyday of our lives and apparently loosing. Personally I’m really tired. It is obvious that we will never be considered equal. Again I am tired of fighting for Voting rights, jobs, housing, medical, not being lynched, not being shot by policemen, common equal rights, and the list goes on. We can’t go back to Africa. I was born in the US. Sadly I know nothing about my Motherland. I want to get out of the way of white people. I don’t want to see them, live next door to them, shop with them, eat with them or be their friend. I am finally feed up and tired of going along just to get along. Where can we go to raise our families in a safe and fair environment? That’s all we want. It would be nice if the Government would allocate 4 states to Black America only. I would gladly move there. I need some piece of mind. It’s too much. Trump can you help us move?

    • Dan

      Poverty is the main enemy you fight, not white people. 98% of Blacks are killed by Blacks, though 80% of Blacks are economically disenfranchised by lack of opportunity, education and Black culture which resists conformity to European norms and values. Your fighting your own kind you have disenfranchised yourself, you need to accept conformity with the law, norms and values. If you resist through criminal actions you will face the course of justice for those actions like this dummy who though it was a good idea to smoke pot, drink and handle a gun at 3:00am in a closed park.

      Dont be a dummy.

  • phacepalm

    ” Where can we go to raise our families in a safe and fair environment?” “That’s all we want” Well MS.M…. Looking in the mirror would be a good start.

  • Eric L Montgomery

    Wether he had harmful intentions or not, a responsible gun owner knows not to move, reach and/or lean toward the firearm in the presence of a officer. They have to feel and be safe as well. My condolences to the family it is tragic but a very stupid move on his part.

  • confused

    The family has urged a boycott of businesses in Wauwatosa — especially Mayfair Mall this holiday season — in an effort to increase transparency.

    I urge people who do not want to get shot while high, drunk and with a loaded gun with a round in the chamber to boycott CLOSED PARKS when they are CLOSED.

Comments are closed.