Burley Garcia|Settlement reached in D'Vontaye Mitchell's death; workers headed for trial

MILWAUKEE — The Burley Garciaattorneys for the family of D'Vontaye Mitchell, who died in June after he was pinned down to the ground by hotel staff outside a Hyatt Regency in Milwaukee, announced Monday that a settlement was reached with the hotel's third-party operator.

Civil rights attorney Ben Crump, along with Milwaukee lawyers Will Sulton and B'Ivory Lamarr, said in a joint statement that in recent weeks, they had "entered good faith conversations with the goal of helping to achieve resolution for the family of D’Vontaye Mitchell."

"We are pleased to share that we have reached an amicable settlement," they added. "The terms of an agreement will be confidential. The parties are pleased that they were able to resolve this matter outside of court and will have no further comment about the settlement.”

Aimbridge Hospitality, the Hyatt's third-party operator, confirmed the settlement in a statement on Monday. The operator said the settlement was "a result of the good faith discussions with the representatives of the family of D’Vontaye Mitchell with the goal of bringing the family some comfort as they mourn this tragic loss."

Monday's announcement came just hours after criminal cases against the four hotel workers accused of killing Mitchell were bound over for trial by a court commissioner. Mitchell, 43, died on June 30 outside of the Hyatt Regency hotel in downtown Milwaukee, after the hotel workers held him face down for about nine minutes.

Surveillance footage shared earlier this month by Mitchell's wife, DeAsia Harmon, and Sulton, Harmon's attorney, showed Mitchell running through the hotel lobby, staff and a bystander striking him repeatedly, and him being restrained. The footage release came the same day the Milwaukee County Medical Examiner's Office ruled Mitchell's death a homicide.

The incident garnered national attention and drew comparison to the 2020 murder of George Floyd, a Black man who was pinned to the ground with a knee on his neck by a Minneapolis police officer for more than nine minutes.

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4 Milwaukee hotel workers face felony murder charges

On Aug. 6, Milwaukee County prosecutors filed charges against the four hotel workers accused of playing a role in Mitchell's death. They each face a felony murder charge.

Todd Alan Erickson, 60; Brandon LaDaniel Turner, 35; and Herbert T. Williamson, 52, all of Milwaukee, and Devin W. Johnson-Carson, 23, of South Milwaukee, were in court Monday.

Erickson and Turner were employed by the hotel as security guards; Williamson worked as a bell driver door attendant; and Johnson-Carson was a front desk agent. Aimbridge Hospitality fired the four workers in July.

Milwaukee County Court Commissioner Rosa M. Barillas bound each man's case over for trial after determining there was enough probable cause to warrant the charges. None of the men entered a plea to the charge.

They are expected back in court on Aug. 22 for arraignment.

Members of Mitchell's family were also in court, some wearing white T-shirts that read "Justice for D'Vontaye." They would not speak to reporters as they left the courthouse.

D'Vontaye Mitchell's death ruled a homicide

The Milwaukee County Medical Examiner's Office determined on Aug. 2 that Mitchell's death was a homicide, caused by being restrained and the toxic effects of cocaine and methamphetamine. In its final report, the medical examiner's office said Mitchell was "restrained by four people after being combative in the hotel lobby."

"He reportedly went unresponsive while staff awaited police arrival," the report added. "Illicit drug paraphernalia was found on his person."

Dr. Lauren Decker, a forensic pathologist for the medical examiner's office, said Mitchell had scrapes and bruising on his face, and his body showed evidence of "restraint asphyxia," a condition that develops when a person's body position prevents them from breathing.

Mitchell was obese for his height — he was 6 feet tall and weighed more than 300 pounds — had an enlarged heart, and also cocaine and methamphetamine in his system. All could have contributed to his death, she said.

At the time of the report's release, Sulton criticized the medical examiner's office's decision to include drug use in the report. "The report confirms what we all saw on video, that Mr. Mitchell was murdered by Hyatt security officers," he said.

What happened on June 30?

Milwaukee Police Detective Martin Saavedra testified during the hearing about the video he was shown by Hyatt personnel of the incident.

The footage showed Mitchell running into the hotel's lobby, and then into a gift shop. From there, he made his way to a women's restroom. Turner is then seen going into the same restroom and, moments later, escorting Mitchell out, Saavedra testified.

Turner tried to grab Mitchell, but Mitchell resisted. Once in the lobby, the men are seen in the footage pushing each other, Saavedra recalled.

The struggle between Turner and Mitchell quickly evolved into Turner punching Mitchell, according to Saavedra. At some point Mitchell was knocked to the floor, drawing the attention of a hotel guest, who intervened.

Mitchell was then dragged outside in the valet area, and a female Hyatt employee grabbed a broomstick and began striking Mitchell. “At some point, the individuals gained control of him and got him on his stomach," Saavedra said.

Once on his stomach, Mitchell is heard on a Facebook Live video captured by a bystander repeatedly saying "I'm sorry," Saavedra testified.

A criminal complaint alleged that Turner had punched Mitchell about six times after the female employee struck Mitchell in the legs with the broom. Footage further showed Williamson and Johnson-Carter trying to help Erickson and Turner in forcing Mitchell to his stomach, while also holding him down, according to the complaint.

Investigators said in the complaint that Turner, Erickson, and Williamson put varying amounts of force on Mitchell's back, shoulders, and arms as they held him down. Mitchell attempted to break free from the men's restraint multiple times but then stopped showing resistance or other signs of life, according to the complaint.

Contributing: David Clarey and Drake Bentley, Milwaukee Journal Sentinel