D’Vontaye Mitchell death: Four people are charged with felony murder

(CNN) — Four hotel workers were charged Tuesday with felony murder in connection with the June death of a Black man who authorities say was pinned to the ground outside a downtown Milwaukee Hyatt Regency in an encounter partially captured on video, court documents show.

The charges relate to the June 30 death of 43-year-old D’Vontaye Mitchell, who was held down for about eight to nine minutes during the encounter, according to the charging documents. Arrest warrants have been issued for the four people charged in the case, the office of Milwaukee County District Attorney John Chisholm said Tuesday.

Security manager Todd Alan Erickson, front desk agent Devin W. Johnson-Carson, security guard Brandon LaDaniel Turner and bellman Herbert T. Williamson are the four defendants, court documents show. CNN has sought comment from the defendants and has reached out to prosecutors to see whether the four charged have attorneys.

Hotel employees escorted Mitchell out of the hotel June 30 and held him on concrete facedown after he entered the building in a frantic state, hid behind objects in the lobby, tried to lock himself inside a women’s restroom and became combative with security, a medical examiner’s investigation report released Friday said. Mitchell died from “restraint asphyxia and toxic effects of cocaine and methamphetamine,” and the manner of death is homicide, according to an autopsy report released Friday by the Milwaukee County medical examiner’s office.

While the four defendants tackled Mitchell to the ground outside the hotel, one of them struck Mitchell multiple times; another hit him once; and another kicked him in the torso, the charging documents filed Tuesday say.

The four defendants then used “various means of force” to hold Mitchell in place while he was on the ground, “including pushing down on (Mitchell’s) back, shoulders and arms,” and including one defendant appearing to strike Mitchell with a collapsable baton, court documents say.

“These charges are based on an extensive review of the evidence collected by the Milwaukee Police Department, the autopsy conducted and the report produced by the Milwaukee County medical examiner’s office, and information received from members of the community, the DA’s office said in a statement accompanying the release of criminal complaints.

The encounter unfolded as the use of force – particularly against people of color – by police and others in authority roles remains under scrutiny nearly four years after protests flared nationwide following the murder of George Floyd by a Minneapolis police officer.

Mitchell’s death had nothing to do with substance use, weight or high blood pressure, an attorney for his family, William Sulton, said Tuesday. “What caused his death was the fact that four people beat him to death on the sidewalk and jumped on top of him,” he said. “That is why he’s dead.”

Mitchell’s widow, DeAsia Harmon, said she was grateful for the charges but she isn’t satisfied.

“I just want everyone to be held accountable for what they did to him,” she said.

If convicted, the defendants could be sentenced to up to 15 years and nine months in prison.

Mitchell can be heard on video saying, ‘I’m sorry’

Part of a video posted on social media shows security guards and others pinning Mitchell to the ground. Mitchell grunts and pleads with the guards, repeatedly saying, “Please,” and “I’m sorry,” the video shows.

One of the guards, who appears to be White, can be heard saying, “Stay down,” and “Stop fighting,” as the others, who appear to be people of color, hold Mitchell down, the video shows. The same guard is heard calling out to witnesses, “This is what happens when you go into the ladies room.”

At a Friday news conference, Sulton had played several new videos from the encounter, including security camera footage that revealed a view from inside the Hyatt as employees were removing Mitchell from the building.

The footage shows Mitchell being dragged across the floor inside the lobby, and from another angle outside that shows employees holding him down on the ground.

Sulton said the video shows one security guard punching Mitchell, who had been slammed to the ground, in the head.

CNN has contacted Milwaukee police for comment on the videos.

After Hyatt called for the employees involved to be terminated and criminally charged, Aimbridge Hospitality, which operates the hotel, announced it had fired several of its associates.

It’s unclear how long it took police officers to arrive on the scene and what Mitchell was doing at the hotel.

When officers arrived, Mitchell was unresponsive and pronounced dead despite lifesaving measures, Milwaukee police have said without mentioning Mitchell by name.

Report says encounter involved Mitchell being pulled out of women’s bathroom

The medical examiner report said when Mitchell arrived at the hotel, he appeared to be frantic and panting. He was trying to hide in places in the lobby and then tried to lock himself and several females in the women’s bathroom after he was asked to leave, the report says. Two security guards pulled him out of the bathroom and struggled to get him outside, where two other employees assisted them.

“This 43-year-old male was restrained by four people after being combative in the hotel lobby,” an investigation report from the medical examiner’s office states. “He reportedly went unresponsive while staff awaited police arrival. Illicit drug paraphernalia was found on his person.

Mitchell’s mother has said she believes he was suffering from a mental health episode and a family statement blamed excessive force for his death.

Aimbridge Hospitality first suspended the employees involved in the death and later fired them.

“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,” according to a company statement announcing their termination.

This is a developing story and will be updated.

CNN’s Emma Tucker, Ray Sanchez and Alisha Ebrahimji contributed to this report.

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