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Two Milwaukee hotel employees charged in the death of D’Vontaye Mitchell are in jail

Two Milwaukee hotel employees charged in the death of D’Vontaye Mitchell are in jail

Two men were detained Thursday for their alleged roles in his death D’Vontaye Mitchella black man who died outside a Milwaukee hotel after being tackled by staff in an incident captured on surveillance footage and cellphone video.

Devin Johnson-Carson, 23, and Todd Erickson, 60, are being held at the Milwaukee County Jail and had initial court appearances Thursday, jail records show. Johnson-Carson and Erickson face off felony charges regarding Mitchell’s death. They each face an additional charge of being a party to a felony. Authorities said Johnson-Carson worked the front desk and Erickson was the security manager on duty June 30 at the Hyatt Regency hotel in Milwaukee the afternoon of the altercation.

The Milwaukee County District Attorney’s Office announced the charges at begining of the week against four men, including off-duty security guard Brandon Turner, 35, and Herbert Williamson, 52. Prosecutors said arrest warrants had been issued. A felony conviction carries a maximum sentence of 15 years and nine months in prison in Wisconsin, according to a criminal complaint against the defendants.

This undated photo of D'Vontaye Mitchell was provided to The Associated Press by his cousin, Samantha Mitchell.  / Credit: Samantha Mitchell / APThis undated photo of D'Vontaye Mitchell was provided to The Associated Press by his cousin, Samantha Mitchell.  / Credit: Samantha Mitchell / AP

This undated photo of D’Vontaye Mitchell was provided to The Associated Press by his cousin, Samantha Mitchell. / Credit: Samantha Mitchell / AP

Mitchell died of “restraint asphyxiation and the toxic effects of cocaine and methamphetamine,” the county medical examiner ruled in a report released last week. Milwaukee District Attorney’s Office he said earlier this month that the 43-year-old man’s death was being investigated as a homicide.

His family’s lawyer Benjamin Crump said his mother believes Mitchell was having a mental health episode when he entered the women’s bathroom at the hotel. The criminal complaint said, citing surveillance footage and mobile phone videothat Turner initially pulled Mitchell out of the bathroom and escorted him into the hotel’s main lobby, where a fight between them led Turner to punch Mitchell and eventually drag him to the alley outside .

Turner told Milwaukee police that he stopped by the hotel that day to visit other staff members, even though he was off duty, and intervened after seeing Mitchell approach the women’s bathroom. Turner said in a statement to police that he heard two women screaming inside. In separate witness statements, those women told police that Mitchell frantically ran into the bathroom, appearing to run from the guard and appearing to try to lock the bathroom door to keep the guard out. One of the witnesses said in her statement that the officer went into the bathroom and told Mitchell to leave. She said she wasn’t sure whether or not the young security officer had to grab (Mitchell), according to the criminal complaint.

Mitchell was beaten, kicked and tackled by Turner along with Johnson-Carson, Erickson and Williamson, all of whom appeared in the driveway, according to the complaint. Each took part in turning Mitchell onto his stomach and forcibly restraining him, holding him to the ground for eight to nine minutes until police and emergency responders arrived. He was pronounced dead at the scene.

The criminal complaint describes Mitchell’s behavior throughout the violent encounter as “erratic and confused” and one of “continuous physical resistance” against staff members subduing him. For some time toward the end of his detention, the complaint says, he became numb and immobile. The complaint also specifically states that Mitchell “did not incite violence or exhibit any overtly aggressive or threatening behavior” on the hotel premises.

Johnson-Carson, Erickson, Turner and Williamson were fired from their positions at the Hyatt Regency, said Aimbridge Hospitality, which operates the hotel and employs its staff. Both Hyatt and Aimbridge Hospitality said they supported Mitchell’s family in statements made after his death.

“Hyatt continues to support the family of D’Vontaye Mitchell in their pursuit of justice following the filing of criminal charges,” a Hyatt spokesperson said once the district attorney announced the murder charges.

“Our hearts go out to Mr. Mitchell’s family and loved ones as this case moves forward,” an Aimbridge Hospitality spokesman said in a separate statement. “We have cooperated fully with law enforcement in their investigation of this tragic incident and will continue to cooperate with the district attorney.”

Matt Last, an attorney representing Turner, told CBS News that his legal team is “actively working to get the warrant” for Turner’s arrest removed. He would not confirm whether Turner planned to surrender.

“We are disappointed by the District Attorney’s decision to charge Mr. Turner with felony murder. In the coming weeks we will work to prove that Mr. Turner is innocent in this matter,” Last said in a statement.

Mitchell’s death has sparked national protests and protests demanding accountability from those involved, with many drawing comparisons to the 2020 death of George Floyd in Minneapolis, which was also caught on video. Crump, who also leads the Floyd family’s legal team, spoke about the deaths of the two black men in a statement responding to the allegations against the Hyatt employees.

“Today marks a significant step toward justice for the family of D’Vontaye Mitchell. The evidence, including security footage and witness statements, paints a disturbing picture of a man in danger who was met with excessive and lethal force,” Crump said. “The fact that D’Vontaye was held face down on the sidewalk for eight to nine minutes — just like George Floyd — is a stark reminder of the urgent need for accountability and justice.”

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