Four hotel workers charged with felony murder in death of man captured being pinned down

(MILWAUKEE) — Four hotel workers were charged with felony murder in connection with the death of D’Vontaye Mitchell, a Black man who was seen on video being pinned down outside of a Milwaukee hotel during what his family said was a mental health episode.

The Milwaukee District Attorney’s Office announced Tuesday it has filed a felony murder charge against four individuals related to Mitchell’s death on June 30 at the Hyatt Regency Hotel in Milwaukee.

“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 Milwaukee District Attorney’s Office said in a statement.

Arrest warrants have been issued for the four individuals charged in the case, the district attorney’s office said. They were identified in the criminal complaint as Todd Alan Erickson, a security guard; Devin W. Johnson-Carson, a front desk agent; Brandon Ladaniel Turner a security guard who was off-duty at the time; and Herbert T. Williamson, a bellman. ABC News has reached out to them for comment.

The Milwaukee County medical examiner ruled Mitchell’s death was a homicide, the result of restraint asphyxia and toxic effects of cocaine and methamphetamine. People gathered outside the Milwaukee District Attorney’s Office on Monday to demand charges be filed in his death.

The criminal complaint references security footage from the hotel that it stated “captured much of the incident leading up to” Mitchell’s death.

Mitchell, 43, “appears to be [in] a frantic manner” while running across the hotel lobby and is then seen running out of a gift shop toward the women’s bathroom, according to the complaint.

The complaint alleges that after dragging Mitchell through the hotel lobby doors to the driveway, Turner struck Mitchell repeatedly with his fist. Johnson-Carson is also accused of striking Mitchell with a fist and Erickson of kicking him in the torso.

“Complainant notes that throughout the video, [Mitchell’s] behavior is erratic and confusing, and he engages in continuous physical resistance against the men described above. But [Mitchell] does not instigate any violence or display any obviously aggressive or threatening behavior while on the hotel premises,” the complaint stated.

The complaint then alleges that the four men restrained Mitchell while he was lying face down for approximately eight to nine minutes until police and emergency responders arrived. At one point Erickson “appears to strike” Mitchell with a collapsible baton, the complaint stated.

“Towards the end of that time period, [Mitchell] has stopped showing movement or resistance or other signs of life,” the complaint stated.

The complaint also referenced a Facebook video of the incident that it stated “shows loud breathing and gasps while [Mitchell] is saying he is sorry.”

Erickson, who was the on-duty security manager that day, told police that Mitchell “was very strong and kept resisting them” and at one point attempted to bite him, according to the complaint.

“Erickson stated that he did not do anything to intentionally harm or kill” Mitchell, the complaint stated.

Williamson, who had been employed as a bellman for a month and a half at the time of the incident, told police that he saw Mitchell “being very forceful with the security guards” and was “very aggressive,” according to the complaint.

He told police that Mitchell “kept struggling and asking what did he do wrong” while being pinned down, according to the complaint.

“Williamson stated that he got off [Mitchell], and Williamson stated that he thought [Mitchell] was still responsive. However, ‘the next thing you know, I realized he was unconscious,'” the complaint stated.

Turner told police that he saw Mitchell “begging and harassing a guest” and admitted to punching Mitchell “several times,” according to the complaint.

Johnson-Carson, who had been working at the front desk for about two months at the time of the incident, told police that he “remembers [Mitchell ] stating something about breathing” and saw Erickson check Mitchell’s pulse a few times, according to the complaint.

Johnson-Carson told police that he “never saw anyone strangle [Mitchell] and that neither he nor the other four staff members ever state that they believed that [Mitchell] was not breathing during the time he was face first on the ground,” the complaint stated.

The four workers were terminated based on their actions, according to Aimbridge Hospitality, the hotel management firm that employed them.

“We are continuing to do everything we can to support law enforcement with their ongoing investigation of this tragedy, and will continue our own investigation,” Aimbridge Hospitality said in the statement to ABC News.

After news of the charges broke, a spokesperson for Aimbridge Hospitality said they will continue to cooperate.

“Our hearts are with Mr. Mitchell’s family and loved ones as this case moves forward. We have cooperated fully with law enforcement in their investigation into this tragic incident and will continue to cooperate with the district attorney,” the statement read.

Ben Crump, an attorney for the family, called the charges a “significant step towards justice.”

“The evidence, including security footage and witness statements, paints a disturbing picture of a man in distress who was met with excessive and lethal force,” Crump said in a statement. “The fact that D’Vontaye was held face down on the pavement for eight to nine minutes — just like George Floyd — is a sobering reminder of the urgent need for accountability and justice.”

Mitchell’s widow, Deasia Harmon, told reporters Tuesday that she is “grateful” for the charges, though she expressed frustration at the length of the investigation.

“I just want everyone to be held accountable,” she said. “I’m trying to get his story out there, to let his voice be heard through me, for my family, and for his family. We all want justice for him. It’s something they should have done from the beginning.”

Local family attorney William Sulton said in a statement to ABC News, the incident shouldn’t have happened.

“While we agree that the employees should be charged with murder, we are mindful of the fact that this would not have happened without Mr. Mitchell’s family’s hiring lawyers to investigate the murder,” Sulton said in the statement.

“The family should not have had to wait 37 days for charges when the murder was captured on video. We ask that the public continue to support the family through this difficult time,” his statement concluded.

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