D'Vontaye Mitchell death; 4 individuals referred for felony murder charges

MILWAUKEE - The Milwaukee Police Department referred four individuals for felony murder charges in the death of D'Vontaye Mitchell.

That referral will be reviewed by the Milwaukee County District Attorney's Office in the coming days.

MPD said on July 5m felony murder charges with the underlying charge of battery were referred to the Milwaukee County District Attorney's Office against the four individuals. 

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Mitchell died after security guards restrained him outside the Hyatt Regency Hotel in downtown Milwaukee on Sunday, June 30. Graphic video shows 43-year-old Mitchell’s final moments outside the hotel.

Ever since, Mitchell's family has said D'Vontaye did not deserve to die the way he did, and they want more answers and accountability.

Family and friends said their final goodbyes to Mitchell on Thursday, July 11, at a funeral and celebration of life. An attorney for the family said they expected this all along, but they're still frustrated with the police.

Witnesses say he locked himself inside a women's bathroom and fought with private security guards, who then held him down until officers arrived. He was unresponsive when they did.

Seeking justice

William Sulton, who's representing Mitchell’s widow DeAsia Harmon, said hotel surveillance video shows the security guards as aggressors.

"[They are] repeatedly knocking D'Vontaye to the ground while he's backing away," Sulton said. "Beating him, punching him, kicking him, hitting him with a broom, hitting him with a baton, holding him down until he dies, and then lying to police about it – saying, 'I don't know what happened.'"

Mitchell's family is being represented by several lawyers, including well-known civil rights attorney Ben Crump. Their message is simple, they want justice for Mitchell and for his children.

"When his mother says they did my son like George Floyd. It resonates with me just because you get so close to these matters that you say my God, not again," said Crump. "You all have the evidence for probable cause to charge these killers with a crime. I have no doubt in my mind. Had this been reversed, D'Vontayne Mitchell would be charged with murder."

Next steps

Sulton also shared frustration with the fact police said they've been in touch with the district attorney's office on criminal charges since late last week, yet the family learned of the referred charges on Thursday, June 11, when reporters came asking.

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"If they were gonna refer charges, then they needed to notify the family of that. They still haven't done that," he said. "We had to learn that from the news media, and that ain't right."

The Milwaukee County District Attorney's Office now has 90 days to issue or refuse charges. 

The DA told FOX6 News it is still waiting on full autopsy results from the Milwaukee County Medical Examiner’s Office. The autopsy has been completed, but the cause and manner of death are pending toxicology results.

More reaction

Civil Rights Attorney Ben Crump

"The referral of felony murder charges in the tragic death of D'Vontaye Mitchell is a significant step toward justice. We are grateful for the referral of these charges, as they underscore the severity of the actions that led to D'Vontaye's sudden and untimely death. We must now press for these charges to be formally filed by the District Attorney's Office in order for these officers to truly be held accountable.

"While this development cannot undo the pain and loss experienced by D'Vontaye's family, it is a crucial part of the process to ensure that those responsible are brought to justice. Our fight is far from over, and we remain committed to D'Vontaye's family in their pursuit of justice."

Milwaukee Mayor Cavalier Johnson

"I have shared my condolences directly with D’Vontaye Mitchell’s family.  They have suffered a loss under circumstances that no family should have to endure.

"I appreciate the work of the Milwaukee Police and the Milwaukee County District Attorney’s Office as they advance the cause of justice.  There are some significant open questions, and I am hopeful for prompt answers so that the family and the community can fully understand how this tragedy came to pass. 

"The entire community must take steps to prevent future deaths like D’Vontaye Mitchell’s.  That requires us to understand what happened and where the fundamental protection of life broke down.  We owe that to the memory of D’Vontaye Mitchell."

Milwaukee Police Department

"The Milwaukee Police Department expresses our deepest sympathy and condolences to the family and loved ones of Mr. Mitchell."