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Hyatt employees in the city centre face charges over man's death

Most recently, Weatherwatch heard the case against four men accused of killing a man outside a Milwaukee hotel on June 30. A video shows hotel staff restraining and kicking him after they say he caused a disturbance at the Hyatt hotel. Today, a court commissioner indicted former security guards Todd Erickson and Brandon Turner, and their former colleagues Devin Johnson-Carson and Herbert Williamson, on murder charges. Kristin: 12 News' Nick Bohr, Nick, the men are facing charges. Reporter: They claim they acted in self-defense. Mitchell after he entered the ladies' room and caused a disturbance at the hotel. BUT PROSECUTORS CLAIMS THE FOUR STAFF GOT TOO FAR. FOR THE FIRST TIME SINCE D'VONTAYE MITCHELL WAS ARRESTED OUTSIDE THE DOWNTOWN MILWAUKEE HYATT ON JUNE 30, THE FOUR MEN ACCUSED OF HIS DEATH ARE REUNITED IN A COURTROOM. TODD ERICKSON, BRANDON TURNER, DEVIN JOHNSON-CARSON AND HERBE WILLIAMSON ARE CHARGED WITH MURDER IN MITCHELL'S DEATH. A PATHOLOGIST CONFIRMED THAT THE DEATH WAS A RESULT OF COCAINE AND METHAMPHETAMINE, BUT THE WAY HE WAS RESTRAINED THAT DAY ALSO RESULTED IN ASPHORATION. >> THE POSITION OF THE RESTRAINT IN A PRONE POSITION IS A PROBLEM AND WAS ESSENTIAL IN THE FACT THAT HE WAS MEDICALLY OBESITY AND THE VIDEOS WOULD HAVE AFFECT THE VISION.REPORTER: VIDEOS SHOW HIM PHYSICALLY FIGHTING WITH HYATT STAFF INSIDE THE HOTEL AND THEY RESTRAINED HIM OUTSIDE. BUT LAWYERS FOR THE FOUR MEN CLAIMED THEY WERE DISGRACING TOWARDS GUESTS. >> CLEARLY THIS IS A TRAGEDY, BUT NOT EVERY TRAGEDY HAS A VILLAIN AND NOT EVERY TRAGEDY IS A CRIME. >> THE SITUATION WAS CHAOTIC, HE WAS TRYING TO RESTRAIN SOMEONE WHO WAS BIG AND STRONG AND WAS RESISTANT. THIS WAS THE RESULT. IT IS NOT LIKELY – LIKELY GROUND FOR MURDER. REPORTER: AFTER THE FOUR HAVE BEEN TRIAL THEY LEAVE THE COURT. JOHNSO IS CONVINCED HIS CLIENT HAS NOT BROKEN THE LAW. >> WE CONSIDER IT A FAIR CASE. >> THIS CASE IS BASED ON BODILY INJURY AND THE DIFFICULTIES OF PROVING O. CARSON'S INTENT TO BEHAVE. BKRISTIN: NIC FINANCIAL SETTS ALSO ANNOUNCED THIS THIS AFTERNOON. REPORTER: HOTEL OPERATOR AIMBRIDGE FINANCIAL LE HAS JOINED WITH THE LAWYER. THEY SAID THE SETTLEMENT COMES WITH THE GY FOR THIS TRAGIC LOSS. THE DOLLAR AMOUNT OF THE SETTLEMENT IS NOT RELEASED. KRISTIN: NICK BOLIVE IN THE NEWS READ AIMBRIDG'S STATEMENT

Hyatt employees in downtown Milwaukee face charges over man's death

D'Vontaye Mitchell died after a fight with security forces.

The case against four men accused of killing a man outside a Milwaukee hotel continues. D'Vontaye Mitchell, 43, died at the scene on June 30. Video shows staff restraining, punching and kicking him after he caused a disturbance at the Hyatt Regency hotel. Todd Erickson, Brandon Turner, Devin Johnson-Carson and Herbert Williamson are charged with Mitchell's murder. A pathologist testified Monday that the death was due to cocaine and methamphetamine in his system, but also the manner in which he was restrained that day, which resulted in “asphyxia by restraint.” “The restraint in the prone position was significant because he was morbidly obese, which would have compromised his breathing,” said Deputy Medical Examiner Dr. Lauren Decker. But attorneys for the four men argued they acted to protect themselves and guests at the Hyatt. “There was clearly a tragedy here. But not every tragedy has a villain, and not every tragedy is a crime,” said attorney Craig Johnson, who is representing Johnson-Carson. “He intervened in a chaotic situation,” said Williamson's attorney Theodore O'Reilly. “He tried to restrain a large, struggling, struggling human being, and this was the result. But there is not a probable cause of death, your honor.” After the four men charged were arraigned, Mitchell's family made no comment as they left court. Johnson-Carson's attorney said he remained convinced his client did not break the law. “So, the thing is: This is a case based on assault. And I think the state has a lot of difficulty proving Mr. Carson's intent to commit assault,” attorney Johnson said. All four were arraigned. They are expected to give their confessions at Thursday's arraignment. On Monday, Mitchell's family attorney, nationally known civil rights and personal injury attorney Ben Crump, along with co-counsels Will Sulton and B'Ivory Lamarr, announced a settlement with Aimbridge Hospitality, the company that operates the Hyatt Regency in downtown Milwaukee, regarding Mitchell's death. Terms of the settlement remain confidential. Both parties expressed satisfaction that a trial was avoided and declined further comment. (Read the full story below)

MILWAUKEE —

The case continues against four men accused of killing a man outside a Milwaukee hotel. D'Vontaye Mitchell, 43, died at the scene on June 30.

A video shows staff holding him down, hitting him and kicking him after he caused a disturbance at the Hyatt Regency Hotel.

Todd Erickson, Brandon Turner, Devin Johnson-Carson and Herbert Williamson are charged with first-degree murder in Mitchell's death. A pathologist testified Monday that the death was due to levels of cocaine and methamphetamine in his system, but also to the manner in which he was restrained that day, which led to “asphyxia by restraint.”

“The prone position of the shackle was significant given that he was morbidly obese, as this would have compromised his breathing,” said Deputy Medical Examiner Dr. Lauren Decker.

However, lawyers for the four men argued that they acted to protect themselves and the Hyatt guests.

“There was clearly a tragedy here. But not every tragedy has a villain, and not every tragedy is a crime,” said attorney Craig Johnson, who represents Johnson-Carson.

“He intervened in a chaotic situation,” said Williamson's attorney Theodore O'Reilly. “He tried to subdue a large, struggling human being, and this was the result. But there is not a reasonable suspicion of murder, Your Honor.”

After the four accused men were arraigned, Mitchell's family made no comment as they left the courtroom.

Johnson-Carson's attorney said he remains convinced his client did not violate the law.

“So the thing is, this case is about assault. And I think the state has a lot of difficulty proving that Mr. Carson had the intent to commit assault,” said attorney Johnson.

All four have been brought to court and are expected to give their confessions at their arraignment on Thursday.

On Monday, Mitchell's family attorney, nationally known civil rights and personal injury attorney Ben Crump, along with co-counsels Will Sulton and B'Ivory Lamarr, announced a settlement with Aimbridge Hospitality, the company that operates the Hyatt Regency in downtown Milwaukee, regarding Mitchell's death.

The terms of the agreement remain confidential. Both parties expressed satisfaction that litigation was avoided and declined further comment. (Full story below)

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