D'Vontaye Mitchell death: Murder charges filed, arrest warrants issued

MILWAUKEE - Milwaukee County prosecutors charged four people with felony murder in the June death of D'Vontaye Mitchell.  

A criminal complaint identifies Todd Erickson, Devin Johnson-Carson, Brandon Turner and Herbert Williamson in the case. 

The district attorney's office said arrest warrants have been issued for all four. If convicted, they would each face up to 15 years and nine months in prison.

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Detectives with MPD's Homicide Division were called to the downtown Hyatt Regency hotel around 4:30 p.m. on June 30. Mitchell died at the scene.

According to a criminal complaint, police spoke to multiple witnesses and determined Erickson, Johnson-Carson, Turner and Williamson were involved in Mitchell's death. Erickson and Turner were hotel security guards, Johnson-Carson was a front desk attendant and Williamson was a bellhop.

Turner was not on duty but "happened to be at the hotel" at the time, prosecutors said, while the other three men were on duty.

Security video

Multiple cameras at the hotel captured the incident.

The video shows Mitchell running through the hotel lobby "in what appears to be a frantic manner," per the complaint. He eventually entered a women's restroom and closed the door. A woman left the restroom seconds later as Turner went in and pulled Mitchell out.

Turner grabbed Mitchell by the shirt, the complaint states, as Mitchell held his hands up at times. Once in the main lobby, a struggle between the two men ensued and Turner punched Mitchell – knocking him to the floor.

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A hotel guest then tried to help Turner, per the complaint, "appearing to corral" Mitchell as he moved. The two men then dragged Mitchell through the sliding doors from the hotel lobby to the driveway in front of the hotel. The guest is not charged in this case.

Another hotel employee hit Mitchell with a broom, according to the complaint, and Mitchell then hit that employee back – knocking the employee to the ground. Turner then repeatedly punched Mitchell. The employee is not charged in this case.

Video showed Mitchell move "as if attempting to re-enter the hotel," the complaint states. Turner, the hotel guest and the other hotel employee then grabbed Mitchell and pushed him back outside. That's when Erickson arrived and the four of them tackled Mitchell to the ground. 

While Mitchell was on the ground, prosecutors said Turner continued to punch Mitchell. Johnson-Carson punched Mitchell once, and Erickson appeared to punch him but kicked him in the torso instead. 

Mitchell held his arm up to shield the blows, the complaint states, resisting the men's efforts to flip him onto his stomach. Eventually, Mitchell was held face down on the pavement with Erickson, Johnson-Carson and Williamson on top of him. They held him in that position for eight-to-nine minutes when police and emergency responders arrived.

During the time he was held down, the complaint states video showed Mitchell trying to break free. Toward the end of that time, Mitchell stopped showing movement, resistance or "other signs of life."

Police also obtained a Facebook video that began after the four men had already pinned Mitchell to the ground. In it, the complaint states Mitchell can be heard making loud noises "as though breathing heavily." He can be heard yelling "please" and "I'm sorry." Erickson could be heard yelling "stay down" and "stop fighting" before looking to the camera and saying: "This is what happens when you go into the ladies room."

A female staff member said Mitchell threatened to shoot them, per the complaint. No gun was found on Mitchell's person or at the scene.

Death investigation

Prosecutors said, throughout the video, Mitchell's behavior was "erratic and confusing, and he engages in continuous physical resistance" against the men involved. However, Mitchell did not instigate any violence or display any "obviously aggressive or threatening behavior while on the hotel premises."

The Milwaukee County Medical Examiner's Office ruled Mitchell's death a homicide last week.

A report listed Mitchell's final cause of death as "restraint asphyxia and toxic effects of cocaine and methamphetamine." The report notes that the injury to Mitchell came when he was "restrained in prone position by multiple individuals after drug (cocaine, methamphetamine) use."

The complaint states a metal pipe "consistent with inhaling cocaine base" was found on Mitchell's person after his death, as was a glass pipe. He did not have a wallet or cash on him at the time.

Witness statements

One of the women who was inside the restroom told police Mitchell came in and tried to close the door, per the complaint. She asked him to let her out, and he said "no" and stood in front of the door, so she pushed past him. She later saw Mitchell fighting with hotel staff and thought he was on drugs because of his behavior.

Another woman who was in the restroom said Mitchell "frantically" walked in "like he was running away from someone," according to the complaint. She said Mitchell appeared to be trying to lock the door when the other woman got out and a security guard came in. 

The hotel guest who helped Turner also spoke to police. According to the complaint, he said he was waiting for a food delivery when he saw Mitchell run through the lobby and into the restroom. The hotel guest said Turner punched Mitchell, who was "much larger" than the security guard, and he decided to help. The two men then dragged Mitchell outside. The hotel guest said he tried to calm Mitchell down and did not believe excessive force was used.

Defendant statements

Todd Erickson

The complaint states Erickson was the on-duty security manager on June 30 and had worked there since April 2018. He said his duties are to monitor surveillance cameras and patrol the hotel; there is only one guard per shift.

Erickson further said the hotel provides its security staff with "no safety equipment" or defense training, per the complaint. He also said the hotel's security staff is not certified or licensed – but is provided with CPR training. He told investigators he carries his own collapsible baton and had received "verbal judo" training in the past,  and the hotel does not allow staff to carry guns. 

According to the complaint, Erickson was working as a supervisor and alerted Turner, who was off duty, about a fight in the lobby. Erickson then left the security office to help with the fight.

By the time Erickson got to the lobby, he said he saw Turner, Williamson and Johnson-Carter "tussling" with Mitchell, according to the complaint. Erickson said he tried to help get Mitchell to the ground and remembered using his baton to get Mithcell's hands behind his back – and claimed Mitchell tried to bite him.

Devin Johnson-Carson

Johnson-Carson said he'd be working at the front desk for about two months, the complaint states. His shift had just ended, and he was waiting for a ride when he heard a man yelling inside the hotel. He said he then heard doors "forcibly pushed off their tracks" and saw Turner and Mitchell fighting. Turner was trying to push Mitchell outside as Mitchell "frantically" tried to get back into the hotel.

Mitchell did not appear to be in a "stable sort of mind," Johnson-Carson said, per the complaint. He decided to intervene after assessing the situation.

The complaint states Johnson-Carson said he saw Mitchell trip and fall as he was dragged out of the lobby, and worried Turner would "not be able to control him." Johnson-Carson then grabbed onto Mitchell and "switched his weight, swept the legs" to get Mitchell on the ground. 

READ MORE: FOX6 coverage of the death of D'Vontaye Mitchell

Once Mitchell was on the ground, prosecutors said Johnson-Carson told police that Erickson and Williamson came to help. He said at that point Mitchell was on his side and trying to fight his way free but was not uncontrollable. In a sworn statement, he further said once Mitchell was on the ground he "no longer posed a danger of any kind, was not resistive, and appeared to be in distress." He also said under oath that Erickson ordered him to grab Mitchell's legs – and "[d]espite recognizing the hold, understanding that the force was not necessary and excessive" reluctantly did so because Erickson was the security manager.

As the group wrestled with Mitchell, the complaint states Johnson-Carson said he could hear Mitchell saying "stop" and "why." He also remembered Mitchell saying something about breathing, but could not recall exactly what Mitchell said. When Mitchell said that, Johnson-Carson said he heard Erickson say something like "I don't want to hear that (expletive)." He also said Erickson checked Mitchell's pulse a few times.

When police arrived, the complaint states Johnson-Carson realized Mitchell was dead. He said nobody involved thought Mitchell had stopped breathing during the time he was face down on the pavement but that he "witnessed (Mitchell) take his final breaths and understood that the cause of his death was due to the extreme, unnecessary, and flagrant force administered to him, despite his clear indications of distress and lack of resistance."

Brandon Turner

Per the complaint, Turner said he works for the hotel "in various capacities" and had stopped by that day to visit staff on his way to a restaurant. He said Mitchell was "harassing" a hotel guest, and he told Mitchell not to go into the hotel – at which point Mitchell ran toward the entrance.

Turner then went inside and saw Mitchell begging for money, according to the complaint. When he approached Mitchell, he said Mitchell ran and eventually went into the restroom. Turner was able to grab Mitchell and walk him out of the restroom when Mitchell "swung" on Turner and hit him in the jaw. Turner admitted to then repeatedly punching Mitchell, who fell to the ground.

While Mitchell was on the ground, the complaint states Turner thought Mitchell was on drugs because he was "hot to the touch, nodding off, and his eyes were rolling." He said Mitchell was moving and resisting until police got there – and at one point moved Mitchell's clothing, which had started to cover Mitchell's face.

Herbert Williamson

Williamson said he had been working as a hotel bellhop for a month-and-a-half, per the complaint. He said he was helping a guest with their luggage when he saw a fight involving the staff. He did not see what started the incident, but said a manager told him that a man, Mitchell, was fighting with staff and locked himself in the restroom.

According to the complaint, Williamson said he saw Mitchell trying to get back into the hotel after he was dragged outside and was "being very forceful" and "aggressive" with the security staff. Williamson said he put his knees on Mitchell's arm and back and that Mitchell tried to bite Erickson. 

Williamson said Mitchell would not calm down and "the next thing you know, I realized he was unconscious."

Response

Deasia Harmon, widow:

"It’s a relief. I’m grateful that they’re charging them with something. I’m not satisfied. They should have done it a long time ago." 

Nayisha Mitchell, sister:

"We are grateful for these charges. We are happy to hear it, that did put a smile on our family’s faces. I feel like they’re starting to hear us. You know, it took over 30 days." 

Rendell Giles, brother:

"My hands went up in the air. I was happy. Happy to see, like my sister said, a small victory on our road to justice." 

Ben Crump, attorney:

"If you keep a person in that prone position where their diaphragm cannot expand and they can’t take in oxygen then they are going to die."