Wisconsin officer charged in 2016 slaying of Black man

MADISON, Wis. (AP) — A Wisconsin justice charged a constabulary serviceman Wednesday successful the 2016 slaying of a Black antheral who was sitting successful a parked car, taking the uncommon measurement of overruling prosecutors years aft they declined to complaint the officer.

Milwaukee County Judge Glenn Yamahiro charged Joseph Mensah with homicide by negligent usage of a limb successful Jay Anderson Jr.’s death. Yamahiro’s determination marks a triumph for Anderson’s family, who took vantage of a little-used provision in authorities instrumentality to inquire the justice for a 2nd look astatine the case.

Mensah, who is besides Black, discovered the 25-year-old Anderson sleeping successful his car aft hours successful a parkland successful Wauwatosa, a Milwaukee suburb. Mensah said helium changeable Anderson aft Anderson reached for a gun.

Anderson was the 2nd of 3 radical Mensah changeable to decease during a five-year stint with the Wauwatosa Police Department. Prosecutors cleared him of transgression wrongdoing successful each case.

Anderson’s household asked Yamahiro to reappraisal that lawsuit nether an obscure authorities instrumentality that allows judges to straight question witnesses successful what’s known arsenic a John Doe proceeding. A justice who finds capable grounds for charges tin record them directly, leaving prosecutors retired of the equation. At slightest six different states person akin statutory provisions, but attorneys accidental the process is seldom utilized successful Wisconsin.

The justice said helium decided that the azygous complaint against Mensah was warranted based connected grounds astir the circumstances of the shooting. Mensah should person been alert that pulling his limb connected Anderson created an unreasonable hazard of death, Yamahiro said.

Mensah could person taken steps to de-escalate the situation, including waiting for backup that was connected the way, the justice said.

Anderson’s behaviour was accordant with idiosyncratic who was intoxicated, had been dormant and was trying but having trouble complying with Mensah’s orders, Yamahiro said.

The grounds did not backmost up Mensah’s claims that Anderson was pretending to beryllium dormant oregon that Anderson lunged for his weapon, the justice said.

He ordered a peculiar authoritative to beryllium appointed to grip the case.

Mensah joined the Wauwatosa Police Department successful 2015. That twelvemonth helium fatally changeable Antonio Gonzales, who identified arsenic Latino and American Indian. Prosecutors said Gonzales refused to driblet a sword.

The Anderson shooting came the adjacent year. Then, successful 2020, Mensah fatally changeable 17-year-old Alvin Cole arsenic Cole fled from constabulary during a disturbance successful a mall. Mensah said helium changeable Cole, who was Black, aft helium pointed a weapon astatine him. That acceptable disconnected months of protests. Milwaukee County District Attorney John Chisholm’s determination not to complaint him successful that shooting led to more protests successful Wauwatosa successful October.

Mensah remained nether unit ever aft being cleared successful Cole’s decease and resigned successful November. He collected a $130,000 severance outgo and present works arsenic a Waukesha County deputy.

The Anderson family’s attorney, Kimberley Motley, besides represents the Gonzales and Cole families. She said she is considering invoking the John Doe process for them.