District Attorney Decides Not To Charge Officer Joseph Mensah

Milwaukee County District Attorney John Chisholm announced his decision Wednesday to not charge suspended Wauwatosa Police Officer Joseph Mensah for his third shooting, of Alvin Cole, outside Mayfair Mall. The decision caused protests and riots late into the night across Milwaukee. 

“I do not believe that the State could disprove self-defense or defense of others in this case and therefore could not meet the burden required to charge Officer Mensah,” John Chisholm wrote in his decision. 

The decision outlines the fight between Alvin Cole and another party at Mayfair Mall. A call was made to Wauwatosa police that Cole was displaying a firearm, the report notes. Chisholm then points out in his decision that the weapon would later be identified as a stolen 9mm pistol. 

The decision also reports that Cole then ran from police into the Mayfair parking lot, discharged his weapon and was ordered to surrender it. He didn’t surrender the weapon, and officers reported he actually pointed it at them.

The medical examiner found that Cole suffered a graze to his left forearm. Chisholm speculates that the wounds are self-inflicted from Cole discharging his weapon. 

Steven Biskupic, a former U.S. attorney acting as an independent investigator for the Police and Fire Commission, released an investigative report on the incident yesterday before the announcement. While the Biskupic report did not call for officer Mensah to be charged, it did call for the Wauwatosa officer to be terminated.

“If a fourth shooting by officer Mensah were to take place, the public’s confidence in the Wauwatosa Department would be significantly eroded,” Biskupic states in his investigation.  

Other reasons Biskupic gave for why he believes Mensah should be let go include alleged misleading statements to the press and failure to follow policy regarding his squad video recording device. 

The report makes an argument that Mensah is too great of a threat to still be employed by the Wauwatosa Police Department. 

“They’ve been out here lying, saying that Alvin Cole shot at them, that is a lie that they’ve been perpetuating for months,” said family attorney Kimberly Motley.

Alvin Cole’s family held a press conference after they met with Chisholm. They announced the decision to a crowd of about 200 people.  The crowd consisted mostly of Black Lives Matter supporters. 

The family says they paid $1,300 to Wauwatosa Police for evidence that they have still yet to receive. They are suing the Wauwatosa Police Department for failing to hand over documents. 

“All I saw is Wauwatosa boarding up. Wauwatosa is trying to paint the narrative that we’re violent, and we’re about to be violent, ” Cole’s sister Taleavia Cole said. “ We’ve been peaceful”

Early protest did start out peaceful but escalated as the night went on.  Streets like North Avenue saw looting and rioters breaking business windows. 

Mayfair Mall was the site of conflict Wednesday night as well. The National Guard was called in to protect the building from looting and arson.

“I think we have to fight harder; we are not done fighting, and we’re going to continue to make sure he gets convicted,” said Motley.

The family is still pushing for Mensah to be charged despite Chisholm’s decision and still hold that Cole did not shoot at police.