Inquest jury may be asked to provide recommendation in Williams' case

MILWAUKEE (WITI) -- It looks as though an inquest jury may be asked to decide whether officers are guilty of reckless homicide in the death of 22-year-old Derek Williams. Williams collapsed in the back of a squad car and died soon after.

Special prosecutor John Franke filed a document getting ready for the inquest scheduled to begin on February 11th.

Squad car video shows Williams struggling to breathe in the back of a squad car after he was arrested for armed robbery in July of 2011. The question that the inquest will answer is whether anyone is criminally responsible for Williams' death. 

Milwaukee County District Attorney John Chisholm didn't issue charges, but did call for the inquest.

The proposed verdict form filed asks whether the jury believes there is probable cause that anyone is guilty of reckless homicide in Williams' death, and then asks to what degree. It also asks whether anyone committed the crime of failure by a law enforcement officer to render aid to a person in custody -- a misdemeanor.

The documents just paint one direction the case could go, but the special prosecutor could give the jury a different verdict choice based on what happens in the inquest.

"He hasn't certainly made up his mind as to what kind of criminal charges if any are actually going to be presented, but it provides some information as to a couple of felonies and a misdemeanor that he 's looking at," Attorney Jonathan Safran, who represents the mother of Williams' children said.

"She certainly believes that and hopes that criminal charges are issued and hopes those responsible for Derek Williams' death are held accountable. That's what the family wants," Safran said.

On Friday there will be a hearing to update the court on all the filings and to prepare for the February 11th inquest. The inquest jury will just make a recommendation to the special prosecutor, although it will be a very important recommendation.