Michael Mattioli trial: Defendant testifies, accused in Acevedo death
MILWAUKEE - Former Milwaukee Police Officer Michael Mattioli took the stand in his own defense Thursday, Nov. 9.
Mattioli, 36, is accused of first-degree reckless homicide in the April 2020 death of Joel Acevedo. The state rested its case Wednesday, and the defense rested its case Thursday. Closing arguments are now set for Friday morning.
In court, Mattioli testified he invited Acevedo and two other friends over for a bonfire and drinks. He woke up that morning to find Acevedo going through his pockets, he said. Mattioli said he accused Acevedo then of stealing, and Acevedo did not say anything.
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Mattioli then told Acevedo to leave, he testified, and the two walked downstairs – but Acevedo then denied stealing and refused to leave. Mattioli said he told Acevedo to leave and that Acevedo was "completely different that I'd seen him before."
"I told him to leave my house about 15 times, and he refused," Mattioli said.
Joel Acevedo
Mattioli said Acevedo pushed him and punched another friend – that's when Mattioli tried to get Acevedo under control and called police. He said he never intended to hurt Acevedo.
"That's when I got on top of him. I didn't want him to stand back up," said Mattioli. "I know that as soon as he got back up, there was gonna be more punches thrown – and I didn't want that to happen."
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The defense played part of the 911 call in court. Prosecutors said Acevedo can be heard in the background of that call pleading for his release, and asked Mattioli about that during cross-examination.
Milwaukee County Prosecutors Paul Tiffin: "What would have been preventing him from going home, if he's saying I'll go home?"
Mattioli: "I was holding him down until the police could arrive."
Acevedo died in a hospital six days later.
Michael Mattioli sworn in to testify at his trial Nov. 9, 2023
A pathologist and former Milwaukee County chief medical examiner testified there was no objective evidence that Mattioli put Acevedo in a chokehold. It was the former chief's opinion that Acevedo's obesity, asthma and history of cocaine use – including hours before the incident – caused a cardiac arrest while Mattioli straddled Acevedo's back.
"Mr. Mattioli doesn't have to be the sole cause of the demise of Mr. Acevedo here," said Ion Meyn, a University of Wisconsin-Madison law professor.
Meyn added Mattioli's actions only have to be a "significant factor" in Acevedo's death: "To somehow say that it was not a substantial factor here, that the weight on him caused his demise. It's a tough argument."