D'Vontaye Mitchell death: No prison time for 4 men convicted, family speaks out
D'Vontaye Mitchell death; family speaks out after sentencing
The four men convicted in the death of D'Vontaye Mitchell outside a Milwaukee hotel last summer were sentenced on Wednesday.
MILWAUKEE - The four men convicted in the death of D'Vontaye Mitchell outside a Milwaukee hotel last summer were sentenced on Wednesday. None were sentenced to serve time in prison.
No prison time
In Court:
Todd Erickson and Brandon Turner pleaded guilty to felony murder earlier this year. Devin Johnson-Carson and Herbert Williams, originally charged with felony murder, pleaded guilty to misdemeanor battery.
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"Judge, it's hard to know exactly when Mr. Mitchell took his last breath," said Assistant District Attorney Dan Flaherty.
Erickson's three codefendants agreed to help the state if the case went to trial.
Todd Erickson; Brandon Turner; Devin Johnson-Carson; Herbert Williamson
Turner, 36, was the first of the four men to appear in court on Wednesday. Judge David Swanson imposed and stayed prison time, sentencing him to 12 months probation for felony murder.
"I want to apologize to the Mitchell family for all this confusion and all of us being here," said Turner.
Swanson next sentenced Williamson, 53, to 10 days' jail time served for misdemeanor battery. Johnson-Carson, 24, was also convicted of misdemeanor battery. Swanson sentenced him to four days' jail time served.
Mitchell death; no prison for men convicted
The four men convicted in the death of D'Vontaye Mitchell outside a Milwaukee hotel last summer were sentenced on Wednesday.
"I do hold a deep, deep, deep sense of regret and remorse for this tragedy," Johnson-Carson said in court.
Erickson, 61, pleaded guilty to felony murder in July. He was the last of the four men Wednesday to go before the judge, who imposed and stayed a four-year prison term and sentenced him to two years of probation.
"I know that I should have responded differently when I recognized that there were better ways to handle the situation," said Erickson. "To the Mitchell family, I am deeply sorry. I pray that one day you may be able to find some peace and perhaps, in time, forgiveness."
D'Vontaye Mitchell
Mitchell's family
What they're saying:
Mitchell's family also spoke in court Wednesday. This was not the outcome they were hoping for.
His wife, Deasia Harmon, said: "You knew what you were doing, and you did not stop."
"They should not have been able to walk out of here with us after you done killed my child," Mitchell’s mother Brenda Giles said. "I hope you rot in hell, that’s what I want you to do. Rot in hell, you took my child’s life."
"They all had a hand in it," his sister Nayisha Mitchell said. "They all sat right there and laid on him and watched him die."
The family said they are focused on moving forward and finding closure within.
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Shawn Moore, the man who recorded what took place, was also in court.
"I watched as he took his last breath, not realizing I was watching a man die," he said.
Attorney Will Sulton represents Mitchell's wife.
Hyatt Regency Milwaukee death; man's family gathers outside hotel
It has been nearly a week since Dvontaye Mitchell died after security guards tried to restrain him outside a downtown Milwaukee hotel.
"It seems there was an effort made to blame everyone other than the four people that killed him, and that’s really really wrong," Sulton said.
But attorney Julius Kim said the facts of the case led to the outcome.
"Based on the facts of the case and lack of intent to kill Mr. Mitchell I think that played a great role in the sentences they got," Kim said.
Milwaukee hotel death
The backstory:
Erickson and Turner worked as Hyatt Regency security guards, while Johnson-Carson worked the front desk and Williamson worked as a bellhop. Aimbridge Hospitality, the company that manages the hotel, fired the four workers in July 2024.
Mitchell died on June 30, 2024. According to a criminal complaint, surveillance and bystander videos showed 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.
Hyatt Regency hotel surveillance video related to death of D'Vontaye Mitchell
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.
Sentencing hearings
Dig deeper:
FOX6 News streamed sentencing hearings for the four men. Watch them below or on the FOX6 News Milwaukee YouTube channel.
The Source: Information in this report is from the Milwaukee County District Attorney's Office and Wisconsin Circuit Court. The Associated Press contributed.