Charges Finally Filed in Death of D’Vontaye Mitchell, but Family and Attorney Believe They Are Insufficient
On Tuesday, felony murder charges were filed against four hotel employees in the death of D’Vontaye Mitchell, a 43-year-old Black man who died after being restrained by security guards outside a Milwaukee hotel on June 30.
According to court documents, Todd Alan Erickson, Devin W. Johnson-Carson, Brandon LaDaniel Turner, and Herbert T. Williamson face up to 15 years and nine months in prison if convicted. However, the victim’s widow, DeAsia Harmon, and her attorney, William Sulton, believe the charges should be upgraded to reckless homicide, which carries a potential sentence of up to 60 years.
The Incident
On June 30, Mitchell entered the Hyatt Regency hotel and allegedly caused a disturbance. As security guards escorted him out, a struggle ensued. The guards tackled Mitchell, punched, and kicked him. Turner is accused of striking Mitchell three times with a closed fist, Johnson-Carson is accused of striking him once with a fist, and Erickson is accused of kicking him in the torso.
A bystander recorded the incident on video, which shows Mitchell being held on the ground for eight to nine minutes. At various times, he struggles to break free. “Towards the end of that time period, DM has stopped showing movement or resistance or other signs of life,” police wrote in the complaint, referring to Mitchell by his initials.
When officers arrived, Mitchell was on the ground in a driveway and not breathing.
The Charges and Family’s Response
Harmon expressed frustration that it took so long for charges to be filed. “I’m pissed about it,” she said. “It shouldn’t have taken that long at all.”
While Harmon is relieved that charges have been filed, she believes they are insufficient. She and Sulton argue that the charges should be upgraded to reckless homicide and that others who were present that day should also be charged.
“The simple fact of the matter is that Mr. Mitchell is not dead today because he had high blood pressure or he was overweight, or because he suffered from substance abuse disorder,” Sulton said. “He’s dead today because he was beaten to death and jumped on.”
Legal Representation and Statements from Employees
An attorney for Erickson has not responded to requests for comment. Johnson-Carson could not immediately be reached for comment, and an attorney for him was not listed. He told police and Sulton that Erickson, the security supervisor, made the decision to turn Mitchell on his stomach and that Erickson did not respond to indications that Mitchell was in distress.
Turner’s attorney, Matt Last, said that Turner “strongly believes in the legal system and intends on proving his innocence.”
Williamson, who was a bellhop at the time, told a local news station that he was told by hotel management to hold Mitchell down. He said he “became numb” when he was charged and that he “didn’t do anything. All I did was what I was told to do by my management.”
Williamson also said that he did not strike Mitchell and “showed no act of violence whatsoever” toward him. “I deeply, truly apologize to D’Vontaye Mitchell’s family. I didn’t know that this was going to happen this way,” he said.
Sulton disputed Williamson’s account, saying, “The video evidence shows that he was the first person to shove Mr. Mitchell’s head into the concrete. He absolutely is responsible for battering Mr. Mitchell completely unnecessarily and killing him.”
Hotel’s Response and Civil Rights Attorney’s Comparison
Aimsbridge Hospitality, which operates the hotel, said in a statement that it has cooperated with the investigation and will work with the district attorney. The men have all been fired.
“Our hearts are with Mr. Mitchell’s family and loved ones as this case moves forward,” the company said.
Civil rights attorney Ben Crump has compared the death of Mitchell to the murder of George Floyd in Minneapolis in 2020. Floyd was restrained by police officers, including one who was convicted and sentenced to 22 ½ years in prison.
Remembering the Victim
Harmon said she wants people to know “how good of a person” her husband was.
“He was great. He wasn’t violent. He wasn’t combative. He wasn’t argumentative. He wasn’t any of these things,” she said. “He was a big teddy bear. He was sweet and he was gentle and he was kind. He was loving. Everybody loved him.”
