Felony murder charges filed against hotel employees in man’s death

The Milwaukee County District Attorney’s Office has filed a criminal complaint charging four Hyatt Hotel staff in Milwaukee with felony murder in the death of 43-year-old D’Vontaye Mitchell. In late June, according to police reports, hotel security staff beat, dragged, and held down Mitchell while trying to remove him from the hotel. 

The charges were filed Tuesday against Todd Alan Ericson, 60, Brandon LaDaniel Turner, 35, Herbert T. Williamson, 52, all of the city of Milwaukee; and Devin W. Johnson-Carson, 23, of the city of South Milwaukee.

Arrest warrants were issued for the four, but as of Wednesday night, according to online records, none appeared to be in custody at the Milwaukee County jail.  

Attorney Ben Crump, who is representing Mitchell’s family along with attorneys William Sulton and B’Ivory Lamarr, said the charges mark “a significant step towards justice for the family of D’Vontaye Mitchell.” 

He added that “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. 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.” 

Erickson and Turner were employed as hotel security, Williamson worked as a bell driver door attendant for the Hyatt, and Jonson-Carson as a front desk agent, the Milwaukee Journal Sentinel reported. Mitchell’s death occurred a couple of weeks before the Republican National Convention (RNC) was held in the downtown area of Milwaukee. During the convention,  protesters drew  attention to the Mitchell case, and Mitchell’s family and other supporters questioned the lack of action on the case while the convention was in town. 

The Hyatt straddled the convention’s hard-security footprint, and was the site of one protest demonstration during the convention. 

According to early news accounts about the incident, when police arrived at the Hyatt on June 30th following a report of a disturbance, Mitchell was already unresponsive. The criminal complaint states that video shows Mitchell running across the hotel’s lobby “in what appears to be a frantic manner,” entering a gift shop and then a woman’s bathroom. 

Mitchell allegedly tried to lock himself in the bathroom while two women were also inside. Seconds later, the Journal Sentinel reported, one of the women hurried out of the bathroom.

According to the criminal complaint, when the woman  left the bathroom, Turner entered and pulled Mitchell out by the shirt. Video shows that as Mitchell was dragged out of the front lobby, hotel staff punched him, with one staff member hitting him with a broom. Staff continued to punch Mitchell once he was on the ground, according to the complaint. 

According to the criminal complaint, detectives described  Mitchell’s behavior as “erratic and confusing” and said that he resisted the hotel staff. The detective also noted that Mitchell did not “instigate any violence or display any obviously aggressive or threatening behavior while on the hotel premises,” the complaint states.

The Milwaukee County Medical Examiner report listed the cause of death as asphyxia. The medical examiner also determined that Mitchell had drugs in his system, according to the report. A metal pipe, consistent with cocaine use, was allegedly recovered from Mitchell’s left shoe, as was a glass pipe from his anus, the complaint said.

Mitchell’s family members  have said he was a fun, caring, loving person who liked to cook and did it well. 

“This case underscores the critical need for comprehensive training and oversight of security personnel to ensure that they are equipped to handle situations without resorting to excessive force,” said Crump in a statement. “The charges filed today are an important step, but they are just the beginning. D’Vontaye’s life mattered, and his story will not be forgotten.”