Charging decision in death of D’Vontaye Mitchell could take ‘several weeks’

Milwaukee police have referred felony murder charges against four people involved in the death of D’Vontaye Mitchell, who died outside of a downtown Milwaukee hotel last month.

But according to the Milwaukee County District Attorney’s office, a charging decision may not come for weeks.

Mitchell, 43, died on June 30 after four security guards held him down on the pavement outside of the Hyatt Regency hotel. Videos circulating on social media show the security guards holding Mitchell down shortly before his death, while at least one security officer appears to be kneeling on his back. Attorneys for Mitchell’s family say surveillance video shows Mitchell being beaten and kicked during the incident.

Milwaukee County Chief Deputy District Attorney Kent Lovern said their office is still reviewing the case.

“I don’t expect a charging decision for several weeks,” Lovern wrote in a Friday email.

Lovern could not be reached for further comment.

Milwaukee Police said Friday no arrests have been made in the case.

In the wake of the incident, “several associates” from the hotel have been fired, according to a spokesperson at Aimbridge Hospitality, which operates the Milwaukee hotel. 

“The conduct we saw from several associates on June 30 violated our policies and procedures, and does not reflect our values as an organization or the behaviors we expect from our associates,” a statement said. “Following review of their actions, their employment has been terminated. We will continue our independent investigation and do everything we can to support law enforcement with their investigation into this tragic incident.”

The names of those employees have not been released. 

Meanwhile, the Milwaukee Police Department revealed the department referred the felony murder charges to the Milwaukee County District Attorney’s Office on July 5. 

“These charges are under review and pending with the District Attorney,” a Friday press release from the department said. “This is an ongoing investigation. MPD (Milwaukee Police Department) communicates regularly with the District Attorney and will provide them with additional information if received.”

Nayisha Mitchell, D’Vontaye’s sister, said waiting several more weeks for a decision is “absurd.” 

“There’s no reason why it should take weeks to get an answer from them,” Nayisha Mitchell said in an interview.

“I think that it’s absolutely ridiculous that it’s going to be taking weeks for them to make some type of charge, to make some type of arrest,” she added. 

In a statement, civil rights attorney Ben Crump — who is representing the family — called the referral of charges a “significant step toward justice.”

“We are grateful for the referral of these charges, as they underscore the severity of the actions that led to D’Vontaye’s sudden and untimely death,” the statement said.

“We must now press for these charges to be formally filed by the District Attorney’s Office in order for these officers to be held truly accountable,” it added. 

Will Sulton, another attorney for the family, said he viewed video related to the investigation this week. During a Wednesday press conference, Sulton said that video footage, which included surveillance footage from the hotel, was “awful.” 

Sulton said the video showed Mitchell being “beaten, punched, kicked.” He said it showed Mitchell attempting to “block the blows” with his hand.

“This was outrageous and one of the most disgusting things that I’ve seen in 15 years of practice as an attorney,” Sulton said.

Crump said he believes Mitchell was dealing with mental health issues at the time of the incident. 

“D’Vontaye was a good guy,” Crump said during the Wednesday press conference. “He was dealing with depression, and mental issues after his father died.”

According to police, Mitchell went into the hotel and “caused a disturbance.”

“The individual (Mitchell) fought with security guards as they were escorting the individual out,” a Milwaukee Police Department statement said. “Security detained the individual until police arrived. Upon arrival, the individual was unresponsive and despite lifesaving measures, the 43-year-old individual was pronounced deceased.” 

A funeral was held for Mitchell Thursday at Holy Redeemer Institutional Church of God In Christ in Milwaukee.

Nayisha Mitchell said she wants to see charges, arrests and convictions made sooner rather than later.

“That would be justice for me,” Nayisha Mitchell said. “At the end of that, we still won’t have my brother, my brother is going to be gone, he’s still not here with us, but at least we will know that the people who did this to him will be paying for it, and being punished.”