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Mayor calls on chief to fire MPD officer facing homicide charge
Mayor calls on chief to fire MPD officer facing homicide charge
MILWAUKEE -- Milwaukee Mayor Tom Barrett in a letter Wednesday, May 20 to Milwaukee Police Chief Alfonso Morales called for the termination of Milwaukee Police Officer Michael Mattioli, facing a charge of first-degree reckless homicide in connection with the death of Joel Acevedo, 25, following a fight inside Mattioli's home near 45th Street and W. Cleveland Avenue on Sunday, April 19. In a response to Mayor Barrett, Chief Morales said in a letter he no longer has the authority to do so -- because the Milwaukee Fire and Police Commission has taken over the internal investigation.
Prosecutors said Mattioli, 32, indicated he "held (Acevedo) on the ground" after Acevedo tried stealing from him and punched another man in the home. It happened the morning after the off-duty officer hosted a get-together at his home. Acevedo died from his injuries at Aurora St. Luke's Medical Center on April 25. His death was ruled a homicide as a result of anoxic encephalopathy due to traumatic asphyxia (brain injury due to traumatic strangulation).
Mattioli, a 13-year veteran of the Milwaukee Police Department, has been placed on full suspension, according to police. According to state law, he's also getting paid.
The FPC on Tuesday, May 19 took an unprecedented step --demanding the Milwaukee Police Department's Internal Affairs Division immediately cease all investigations relative to Officer Michael Mattioli, and turn over all documents in the case by 5 p.m.
FPC Executive Director Griselda Aldrete issued the following statement in a news release:
This investigation, separate from the criminal investigation, relates to whether Mattioli violated MPD policies and procedures in the case.
Milwaukee Mayor Tom Barrett, Milwaukee Police Chief Alfonso Morales
MPD already recused itself from investigating the incident. Statement from the Milwaukee Police Department:
Below is Mayor Barrett's Wednesday letter to Chief Morales:
Below is Chief Morales' response to Mayor Barrett's letter:
While Morales said the discipline lies with the FPC, and FPC spokesman said the chief is the only one allowed to render discipline.
Russell Jones
FOX6 News asked criminal defense attorney Russell Jones whether this was a fair ask of the mayor to the chief.
"No, I don't think it's a fair ask," said Jones. "I think it's a response to public pressure, and the mayor is not showing his understanding of the internal workings of the Milwaukee Police Department."
Jones said no officer should be fired without due process, and it could open the city up for legal disputes.
"Just because he's been charged with a crime doesn't mean he's guilty of it, number one, and number two, there may be policies and procedures that he violated," said Jones. "Even though he was off-duty, he is still subject to those policies and procedures."
The Milwaukee Police Association has questioned whether the FPC investigators have enough experience to conduct this investigation.
"The way that they did it suggests that they're showing a lack of trust in the police department, which is unfortunate," said Jones.