Death of man restrained by hotel guards ruled a homicide

The Milwaukee County Medical Examiner is calling the death of a man held down by security guards outside a downtown hotel a homicide.

In a report issued Friday, the medical examiner’s office states the cause of death for D’Vontaye Mitchell was “restraint asphyxia and the toxic effects of cocaine and methamphetamine.”

Mitchell, 43, died June 30 outside the Hyatt Regency Hotel in downtown Milwaukee. According to a report from the medical examiner’s office, before his death he was being restrained prone position on the sidewalk by four people until he became unresponsive. He died there despite efforts by paramedics to resuscitate him.

Video captured by a bystander before Mitchell’s death shows him asking for help and apologizing. Meanwhile, a guard points at Mitchell and says, “This is what happens when you go into the ladies room.”

His death has led to protests and calls for criminal charges. Video circulating online appeared to show at least one guard kneeling on his back, leading to comparisons to the 2020 murder of George Floyd in Minneapolis.

According to the report, the encounter between Mitchell and the guards began after Mitchell entered the hotel lobby and “appeared frantic and panting.” He was seen by staff and guests “hiding behind various objects” in the lobby. When asked to leave, he “ran into the women’s restroom and attempted to lock himself inside with other females using the restroom. The women inside began to scream, so two hotel security guard staff gained entry” and pulled him outside.

The report states that four employees “held him down on the concrete face down” until police arrived. After public outcry, hotel management issued a statement saying “several associates” involved had been fired.

Mitchell’s family and supporters have been pushing for criminal charges against the guards involved. The family is represented by civil rights attorney Ben Crump.

According to a statement from Crump, witnesses reported seeing three to four security guards with their knees on Mitchell’s neck and back and one of them striking him in the head with an object.

After the medical examiner’s report was issued Friday, Crump’s office released a statement saying the findings “demand immediate charges against the officers involved.”

“Mitchell was in the midst of a mental health crisis and, instead of abiding by their duty to protect and serve, the security officers and other Hyatt staff used excessive force that inflicted injury resulting in death,” it states.

A statement from the Milwaukee County District Attorney’s Office said earlier this month that it could be weeks until a decision was made about charges. A spokesperson for the office could not immediately be reached Friday.