Officials react to decision not to charge Mensah in Cole shooting

WAUWATOSA, Wis. - Wauwatosa Police Officer Joseph Mensah will not face charges in the February shooting death of Alvin Cole, 17, outside Mayfair Mall, Milwaukee County District Attorney John Chisholm announced Wednesday, Oct. 7, ruling Mensah's third fatal shooting in five years justified.

Police have said mall security escorted about 10 people from the mall after a fight inside and called police after a witness reported one of the youths had a handgun. When police officers arrived, Cole and others ran away and officers chased on foot. Police said Cole fired a handgun before he was shot by Mensah.

Cole’s family disputes that he shot the gun and has called for Mensah to be fired. Mensah was suspended with pay by the Wauwatosa Police and Fire Commission in July and has since appealed that suspension. The commission hired former U.S. Attorney Steven Biskupic to investigate the case with an eye toward what discipline Mensah might face; Biskupic released a report Wednesday concluding Mensah should be fired because the risk he might shoot a fourth person is too great and he violated department policy when he spoke to the media about the shooting in July.

Below is reaction to District Attorney Chisholm's decision from state and Milwaukee County leaders:

Statement from Rep. David Bowen (D-Milwaukee):

Congresswoman Gwen Moore (D-Wisconsin):

“Tragedies like these have happened too often. It's incredibly alarming that this police officer has been involved in the fatal shootings of three people. What is clear is that we need greater accountability and transparency in policing. This must include mandatory body cameras, psychological testing, de-escalation training, and other key reforms.”

Milwaukee County Executive David Crowley:

“Our hearts and prayers remain with the Cole family as they continue to cope with the loss of Alvin Cole. All summer the community has grieved the Black lives taken from us too soon and asked for a swift change in police oversight and accountability.     

“Municipalities must act quickly to adopt the tools and best practices that increase police accountability, like body cameras. We can’t put a cost on human lives or delivering justice to communities of color. We must put our money where our mouth is and take the steps to invest in the protection and success of our Black residents.   

“After Jacob Blake was shot seven times in the back by a Kenosha police officer in August, Governor Evers called the state legislature into a special session to take action on a package of bills aimed at increasing police accountability and transparency. The state legislature must recognize the urgent need for action so Black residents feel safe in their neighborhoods. The legislature should convene to seriously consider these bills, several of which are backed by the Wisconsin Professional Police Association showing that there is a general agreement between the community and law enforcement on the need for meaningful action.    

“The impact of centuries of oppression can’t be undone overnight, but the time for change is always now, and there are steps we can immediately take to increase police accountability, better serve justice for Wisconsinites, and possibly save lives. We know reform alone isn’t the sole solution to our problems but listening to the people’s call for action doesn’t mean kicking the can further down the road. The call to value Black lives means taking whatever practical steps we can to implement change, seek justice, and ultimately transform a system that continues to cut Black lives short.” 

Statement from State Senate Candidate Julian Bradley (R-Franklin):

"Justice prevailed today. Officer Mensah deserves our utmost appreciation. He did his duty and protected our community — plain and simple. Sadly, he hasn't been receiving gratitude from his community. A few weeks ago, he was assaulted by a mob that included Democrat lawmakers chanting 'Black Lives Matter' while showing no regard for the black lives present, including two children."

"Our police officers need to be able to defend themselves when chasing criminals firing gunshots. Community leaders need the ability to enforce law and order; they need to know they will be supported when fighting for safety."

"Unfortunately, Wauwatosa has seen an appalling lack of leadership in these difficult times. Instead of standing up for law and order, Mayor Dennis McBride and other local officials have refused to support Officer Mensah. Due to the anticipated chaos in Wauwatosa, public schools are also stopping in-person education as they anticipate further unrest and protests. These closures further hinder students' chances of learning how to read and write and achieve their own American Dream. Wauwatosa deserves better."

Statement from Tosa Together, Indivisible Tosa, Tosa Moms Tackling Racism:

"We are Wauwatosa residents who are committed to working toward racial justice and addressing the history of exclusionary racist practices in our city."

"We express our condolences to families of those who have lost lives to police violence, especially the Cole, Anderson, and Gonzales families."

"It is with great disappointment that we see our city being closed down out of fear and distrust of what might happen. We stand for doing the hard work that it takes to build constructive relationships across differences. We also stand for an end to the structural racism and implicit bias that pervades our city and prevents real change."

"Outside agitators are a concern, but the expected sharp escalation in militarized policing practices is vastly disproportionate.  We need calm to prevail. A counter-productive culture of fear and misinformation about the protesters as “outsiders” and violent has been needlessly created at a time which demands more understanding and humility. The impact of collective trauma is large in our city, and little attention has been paid to healing and restitution."

"Our mayor has decided to take actions this week that show how much control the police have. They also show the escalatory tactics that our police department utilizes when controlled by fear and implicit bias against people of color."

"We expected more of our city leaders. Those that did not know about the specifics of this plan should have been asking more questions. Those that crafted the plan should have taken many missed opportunities to build bridges with the many groups working for racial justice in Wauwatosa. And now we need to move quickly to commit publicly to the peace and trust our city must be built on."

"We emphasize our commitment to this city we call home."

"We call for an end to the lockdown of our city. "

"We call for peaceful witness."

"We urge trust."

"We encourage police restraint and use of de-escalation training."

"We find the current strategies inflammatory and divisive."

"We realize how this is increasing anxiety and feeds exclusionary tactics in our community."

"Please join us in encouraging community members to support peaceful protest. There is no reason to believe it will not be peaceful protest. Good communication is key and so is interrupting stereotypes."

Statement from Chris Ott, executive director of the ACLU of Wisconsin: 

“The decision not to charge Wauwatosa Police Officer Joseph Mensah in the fatal shooting of 17-year-old Alvin Cole is reprehensible, and reflects the systemic lack of accountability for police, who continue to kill and hurt Black and Brown people without legal consequences. Law enforcement has a long track record of resorting to deadly force in situations where it isn’t necessary, especially against people of color. It is unacceptable that officers continually evade consequences when they abuse their power. We support the recommendation of former U.S. attorney Steven Biskupic, who was hired by the Wauwatosa Police and Fire Commission, and said that Mensah should be fired from his position because there was an ‘extraordinary risk’ that he would be involved in a fourth fatal shooting should he keep his job.”

Statement from U.S. Attorney Matthew Krueger"

"This afternoon, the Milwaukee County District Attorney’s Office announced that it will not pursue criminal charges related to the officer-involved shooting of Alvin
Cole."

"Federal law enforcement in Wisconsin is sworn to protect First Amendment rights, which include the rights to speak and assemble “peaceably.” In the past year,
however, in addition to witnessing peaceful protests, some Wisconsin communities have suffered episodes of violent civil unrest."

"Federal law enforcement is joined with state and local authorities to address any further violence. Federal law imposes serious penalties for arson, rioting, firearms
offenses, and other violent crimes, which we will prosecute to the fullest extent possible."

"No one else in Wisconsin should become a victim of needless violence or face destruction of a business as a result of unrest." 

Statement from Senator Tammy Baldwin (D-Wisconsin):

"It's a tragedy that three people lost their lives. And the fact that this officer used deadly force three times where body cameras were not in use calls out for increasing their use. I personally don't believe it would be right to give this officer an opportunity to engage in a fourth fatal shooting. We need greater transparency, fairness, and accountability in policing. I support the George Floyd Justice in Policing Act to fix and improve police training and practice and build trust between law enforcement and our communities. The House passed this comprehensive set of reforms over three months ago and the Senate should have a vote and do the same. We need to invest more in body and dash cameras in order to increase transparency and accountability. Changing the culture of policing demands action at the federal, state, and local level, so I am also renewing my call for the Wisconsin State Legislature to take actions on the police reforms offered by Governor Evers and Lieutenant Governor Barnes earlier this year."