Death of D'Vontaye Mitchell; Hyatt reaches “amicable settlement”

MILWAUKEE – Attorneys for D'Vontaye Mitchell's family announced on Monday, August 19, that a settlement had been reached with Hyatt over Mitchell's death.

Attorneys Ben Crump and co-counsel Will Sulton and B'Ivory Lamarr said in a press release:

“Over the past few weeks, we have been engaged in good faith discussions with the goal of finding a resolution for the family of D'Vontaye Mitchell. We are pleased to announce that we have reached an amicable settlement. The terms of any settlement will be kept confidential. The parties are pleased to have been able to resolve this matter out of court and will have no further comment on the settlement.”

Case details

Milwaukee County prosecutors have charged four people with first-degree murder in connection with Mitchell's death in June.

A criminal complaint identifies Todd Erickson, Devin Johnson-Carson, Brandon Turner and Herbert Williamson as participants in the case.

Detectives from the MPD Homicide Unit were called to the downtown Hyatt Regency Hotel around 4:30 p.m. on June 30. Mitchell died at the scene.

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According to a criminal complaint, police spoke to several witnesses and concluded that Erickson, Johnson-Carson, Turner and Williamson were involved in Mitchell's death. Erickson and Turner were security guards at the hotel, Johnson-Carson was a receptionist and Williamson was a bellman.

Turner was not on duty but “happened to be in the hotel” while the other three men were on duty, prosecutors said.

Safety video

Several cameras in the hotel recorded the incident.

The video shows Mitchell running through the hotel lobby “seemingly in a panic,” the prosecution said. Eventually, he entered a women's restroom and closed the door. Seconds later, a woman exited the restroom as Turner went in and pulled Mitchell out.

Hyatt Regency Hotel Surveillance Video Related to Death of D'Vontaye Mitchell

Turner grabbed Mitchell by the shirt, the indictment says, and Mitchell held up his hands at times. A struggle broke out between the two men in the main lobby, and Turner punched Mitchell — knocking him to the ground.

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A hotel guest then attempted to help Turner and “appeared to trap Mitchell” as he moved. The two men then dragged Mitchell through the sliding doors from the hotel lobby to the driveway in front of the hotel. The guest will not face charges in this case.

Another hotel employee struck Mitchell with a broom, according to the lawsuit, and Mitchell fought back, knocking the employee to the ground. Turner then repeatedly struck Mitchell. The employee will not face charges in the case.

The video shows Mitchell moving “as if he was trying to re-enter the hotel,” the complaint says. Turner, the hotel guest and the other hotel employee grabbed Mitchell and pushed him back outside. Then Erickson arrived and the four of them threw Mitchell to the ground.

While Mitchell was on the ground, Turner continued to beat him, according to prosecutors. Johnson-Carson punched Mitchell once, and Erickson appeared to want to punch him, but instead kicked him in the upper body.

Mitchell held up his arm to block the blows, the indictment says, and resisted the men's attempts to turn him onto his stomach. Eventually, Mitchell was forced facedown onto the pavement while Erickson, Johnson-Carson and Williamson lay on top of him. They held him in that position for eight to nine minutes when police and emergency responders arrived.

While he was being held down, the video showed Mitchell trying to free himself, according to the prosecution. Towards the end of that time, Mitchell showed no movement, no resistance, and no “other signs of life.”

Police also obtained a Facebook video that began after the four men had already pinned Mitchell to the ground. In it, the complaint states that Mitchell can be heard making loud noises “like he was breathing heavily.” He can be heard yelling “please” and “I'm sorry.” Erickson can be heard yelling “stay down” and “stop fighting” before looking into the camera and saying, “This is what happens when you go to the ladies' room.”

According to the complaint, a co-worker said Mitchell threatened to shoot her. No weapon was found on Mitchell or at the scene.

Death investigation

Prosecutors said Mitchell's behavior was “uncontrollable and confusing” throughout the video and that he was constantly physically resisting the men involved. However, Mitchell did not incite violence or “display any overtly aggressive or threatening behavior while on hotel property.”

The Milwaukee County Coroner's Office ruled Mitchell's death a homicide last week.

A report listed Mitchell's ultimate cause of death as “asphyxiation from restraint and toxic effects of cocaine and methamphetamine.” The report notes that Mitchell sustained his injury while “being restrained in a prone position by multiple individuals following drug use (cocaine, methamphetamine).”

The lawsuit states that after Mitchell's death, a metal pipe “consistent with inhaling cocaine base” and a glass pipe were found on him. He had no wallet or cash on him at the time.

This is an evolving story.