MADISON, Wis. — MADISON, Wis. (AP) — Four Milwaukee hotel workers accused of killing a man in June by pinning him to the ground must stand trial on murder charges, a court official ordered Monday.
Hyatt Hotel security guards Todd Erickson and Brandon Turner along with bellhop Herbert Williamson and front desk worker Devin Johnson-Carson each face one count of being a party to felony murder in D’Vontaye Mitchell’s death.
Each could face up to 15 years and nine months in prison if they’re convicted.
Mitchell’s family’s attorneys have likened his death to the murder of George Floyd, a Black man who died in 2020 after a white Minneapolis police officer knelt on his neck for about nine minutes. Mitchell also was Black. Court records identify Erickson as white and Turner, Williamson and Johnson-Carson as Black.
Milwaukee County Court Commissioner Rosa Barillas bound all four of them over for trial following a joint preliminary hearing. Court commissioners are lawyers hired by judges in Wisconsin to conduct pretrial hearings and other administrative tasks.
The four are scheduled to enter pleas on Thursday morning.
Johnson-Carson’s attorney, Craig Johnson said, he disagrees with the decision to move the case forward and he plans to dispute any connection between Johnson-Carson’s actions and Mitchell’s death.
“This situation was a tragedy, but not every tragedy has a villain, and not every tragedy is a crime,” the attorney said in an email to The Associated Press. “Mr. Johnson-Carson was was responding to a volatile and potentially dangerous situation that could have threatened the safety of hotel staff and guests. His actions were not criminal, and did not contribute to the death of Mr. Mitchell.”
The Milwaukee County Medical Examiner’s office ruled Mitchell’s death a homicide.
Erickson and Turner’s attorneys didn’t return messages seeking comment. No contact information could immediately be found for Williamson’s attorney, listed in online court records as Theodore O’Reilly.
Mitchell died on June 30. According to a criminal complaint, surveillance and bystander videos show Mitchell run into the downtown hotel’s lobby that afternoon and enter a women’s bathroom. Two women later told investigators that Mitchell tried to lock them in the bathroom.
Turner and a hotel guest dragged Mitchell out of the building and into the hotel driveway, the complaint said. Turner, Erickson, Williamson and Johnson-Carson pinned Mitchell down for eight to nine minutes as Mitchell pleaded for them to stop and complained about not being able to breathe.
Williamson told investigators that he put his knee on Mitchell’s back, adding that Mitchell was strong, wouldn’t calm down and tried to bite Erickson.
Turner told investigators he thought Mitchell was on drugs, Erickson told them that he didn’t do anything to intentionally hurt or kill Mitchell, and Johnson-Carson told them none of the hotel employees thought Mitchell had stopped breathing, according to the complaint. Johnson-Carson added that he told Williamson at one point to stop applying pressure and Williamson stopped.
By the time police and emergency responders arrived, Mitchell had stopped moving, the complaint said.
The Milwaukee County Medical Examiner’s Office determined that Mitchell was morbidly obese and suffered from heart disease, according to the complaint, and had cocaine and methamphetamine in his system.
After watching video of the incident, Assistant Medical Examiner Lauren Decker determined that Mitchell suffered “restraint asphyxia” from the workers holding down his legs, arms, back and head. Essentially, they prevented Mitchell from breathing.
Aimbridge Hospitality, the company that manages the hotel, fired the four workers in July.
Civil rights attorney Ben Crump announced Monday that Mitchell’s family has reached a confidential settlement with Hyatt. Aimbridge Hospitality officials confirmed the agreement.
“The settlement announced today is 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,” Ambridge Hospitality said in a statement.