Unanimous decisions: Commissioners find Manney violated policy in Hamilton pat down; firing upheld

MILWAUKEE (WITI) -- A Milwaukee Fire and Police Commission panel returned a verdict Monday, March 23rd -- ruling that former Milwaukee Police Officer Christopher Manney violated MPD policy in patting down 31-year-old Dontre Hamilton in Red Arrow Park last April. That pat down preceded Manney's fatal shooting of Hamilton. The panel then ruled Manney should remain permanently discharged from the Milwaukee Police Department -- unanimously upholding Manney's firing.

Phase one of Manney's appeal hearing involved two questions: 1) Did Manney violate MPD's protocol and code of conduct in his pat down of Dontre Hamilton -- and 2) Did Manney's use of force violate MPD's protocol and code of conduct?

The Fire and Police Commission panel said "yes" to those questions -- with all three commissioners on the panel signing the ruling. Late Monday, in phase two, the commissioners ruled that Chief Flynn's firing of Manney was appropriate and justified.

Dontre Hamilton's family members addressed the media following phase one's verdict, and said the panel made a decision they are happy with. They were heard applauding when the decision was read.

Testimony then began in phase two of this hearing. Phase two was to determine whether Manney’s punishment (his termination from MPD) was appropriate.

Milwaukee Police Chief Ed Flynn was the first to testify as phase two got underway Monday evening.

"In this set of circumstances, the employee's blunders created a chain of events which you're well aware of that would ultimately end up in a use of deadly force and a death," Chief Flynn said.

Then, Christopher Manney again took the stand.

The following witnesses testified briefly before the Fire and Police Commission panel again went into closed session to deliberate phase two of this hearing:

At 10:00 p.m., it was announced that the commissioners, in a unanimous decision, moved to uphold Manney's permanent discharge from the Milwaukee Police Department. He will not get his job back.

The decision in phase two of this appeal hearing was met by cheers from Dontre Hamilton's family and supporters.

"Now - we go to Washington. We're going to the federal government to tell them we won't stop. We are going in a month. We have about 200 organizations all around the state that are going to meet us there. We want to live in our communities and feel safe with the police -- not afraid to leave their home. We want to call people that are actually going to do their job and protect us, and that's why we're going to Washington," Maria Hamilton said.

"We have become activists. We have become a voice for Milwaukee, and we're humbled by it," Nate Hamilton said.

Milwaukee Mayor Tom Barrett issued this statement on the Fire and Police Commission's decisions Monday:

Manney's appeal hearing entered its fifth day on Monday with a change of venue. Monday's hearing was held at Centennial Hall at the downtown Milwaukee Public Library. Testimony began at 1:30 p.m. By about 5:00 p.m., closing arguments began.

Manney's attorney argued that the ex-officer did not violate MPD policies when he approached Hamilton and performed a pat down. Manney's attorney said a decision otherwise will send the wrong message to the rest of the police force.

"It`s gonna send a wrong message to the rank and file. What is the message gonna send? Don`t go in there. Back off. Wait. Call for back up -- even though you know you can handle this situation because you don`t wanted to get Manney-ed," Manney's attorney Jonathan Cermele said.

In his firing of Manney, Chief Flynn said Manney's actions escalated the interaction with a mentally ill man to the point deadly force was necessary. In his closing statements, Chief Flynn's attorney argued Manney should be held responsible.

"Officers have to follow policy. It sends absolutely the right message to the officers, those officers that follow that training, that they`re doing the right thing," Mark Thomsen said.

First to take the stand on Monday was retired Milwaukee Police Officer Steven Spingola, who testified that fired Milwaukee Police Officer Christopher Manney did the right thing on April 30th, 2014 in Red Arrow Park after noticing a bulge in Dontre Hamilton's pocket that ultimately turned out to be a cell phone charger.

"It would be reckless to not conduct a simple pat down. Had Mr. Hamilton just complied with the legal, lawful orders of Officer Manney, this would not have turned out this way -- and Mr. Hamilton would have been able to go on his way and we wouldn't be here today," Spingola said.

Mark Thomsen, the lawyer representing Milwaukee Police Chief Ed Flynn, defending Flynn's decision to terminate Manney from the Milwaukee Police Department went after Spingola's credibility.

"So how Officer Manney was actually taught by the Milwaukee Police Department some 10 years after you had left the department -- you really don't have a clue correct? I am right, right?" Thomsen asked Spingola.

"I don't know how he was taught," Spingola said.

"Okay, so when you got up here and you told the commissioners that his conduct was consistent with how he was taught -- you just made that up right now right?" Thomsen said.

Taking the stand after Spingola was Robert Willis -- an instructor at Northeast Wisconsin Technical College in Green Bay. He teaches law enforcement subjects. Willis testified that he believes the pat down of Hamilton by Manney was lawful.

That pat down was what cost Manney his job with the Milwaukee Police Department.

“There`s a set of training and enforcements that you are taught and you don`t go hands on and start frisking somebody only because they appear to be mentally ill. Christopher Manney treated Hamilton as though he were a dangerous criminal instead of following his training,” Milwaukee Police Chief Ed Flynn said in announcing Manney’s firing from MPD.