D'Vontaye Mitchell's family settles with Milwaukee hotel as workers face murder charges

ByDeena Zaru and Abigail Cruz ABCNews logo
Tuesday, August 20, 2024
Death of Black man pinned down outside Milwaukee hotel ruled homicide
Death of Black man pinned down outside Milwaukee hotel ruled homicideThe death of a Black man, D'Vontaye Mitchell, pinned down by security guards outside a Milwaukee Hyatt hotel last month has been ruled a homicide.

MILWAUKEE -- The family of D'Vontaye Mitchell, who died on June 30 after he was pinned down by four hotel workers outside a Hyatt Regency in Milwaukee, reached a settlement with the hotel on Monday after the workers, whose actions were seen in security video, were charged in his death.

Family attorneys Ben Crump, Will Sulton and B'Ivory Lamarr said in a joint statement on Monday that the Mitchell family's legal team "entered good faith conversations" with Hyatt "with the goal of helping to achieve resolution for the family of D'Vontaye Mitchell."

"We are pleased to share that we have reached an amicable settlement," they added. "The terms of an agreement will be confidential. The parties are pleased that they were able to resolve this matter outside of court and will have no further comment about the settlement."

A spokesperson for Aimbridge Hospitality - the hotel management firm that manages the Hyatt in Milwaukee - confirmed the settlement to ABC News in a statement on Monday.

"The settlement announced today is a result of the good faith discussions with the representatives of the family of D'Vontaye Mitchell with the goal of bringing the family some comfort as they mourn this tragic loss," the statement said.

The announcement of the settlement comes after a court official in Milwaukee on Monday denied motions to dismiss charges of felony murder filed against four hotel workers in connection to Mitchell's death.

The attorneys for the four hotel workers - security guard Todd Alan Erickson, front desk agent Devin W. Johnson-Carson, bellman Herbert T. Williamson, and Brandon Ladaniel Turner, a security guard who was off-duty during the incident - argued during a preliminary hearing on Monday that there was no probable cause for felony murder and asked for the charges to be dismissed.

Milwaukee County Court Commissioner Rosa Barillas ordered the four men to stand trial, saying, "I am going to find that the state has met their burden, find that there is probable cause to believe that there -- a felony was committed by Mr. Erickson, Mr. Carson, Mr. Turner and Mr. Williamson, and they are all bound over for trial to the Circuit Court."

Craig Johnson, an attorney representing Johnson-Carson, told ABC News in a statement on Monday that he and his client "respectfully disagree with the probable cause finding."

"This situation was a tragedy, but not every tragedy has a villain, and not every tragedy is a crime," Johnson added. "In this case, we expect to contest the connection between any action of Mr. Johnson-Carson and the death of Mr. Mitchell. Mr. Johnson-Carson was responding to a volatile and potentially dangerous situation that could have threatened the safety of hotel staff and guests. His actions were not criminal, and did not contribute to the death of Mr. Mitchell."

Meanwhile, attorney Matt Last, who represents Turner, told ABC News in a statement on Monday that they are "disappointed" that the charge against his client was not dismissed.

"We contend the testimony provided in court did not support such a finding," Last said. "We further believe the testimony showed Mr. Turner was acting in a lawful and appropriate matter and intend on proving this to a jury."

ABC News reached out to the attorneys representing Williamson and Erickson, but requests for comment were not immediately returned.

According to court records reviewed by ABC News, the defendants have not yet entered pleas in this case and are scheduled to be arraigned on Thursday.

The Milwaukee District Attorney's Office announced on Aug. 6 that it filed a felony murder charge against each of the four individuals related to Mitchell's death on June 30 at the Hyatt Regency Hotel in Milwaukee.

"These charges are based on an extensive review of the evidence collected by the Milwaukee Police Department, the autopsy conducted and the report produced by the Milwaukee County Medical Examiner's Office, and information received from members of the community," the Milwaukee District Attorney's Office said in a statement.

The Milwaukee County medical examiner ruled Mitchell's death was a homicide, the result of restraint asphyxia and toxic effects of cocaine and methamphetamine.

ABC News' Sabina Ghebremedhin contributed to this report.

The video in the player above is from an earlier report.

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