Milwaukee Officer Charged In Man's Death

MILWAUKEE, WI — A 32-year-old Milwaukee police officer was charged Wednesday with First Degree Reckless Homicide in the April 19 incident that left Joel Acevedo, 25, dead.

The officer, Michael Mattioli, is charged with a Class B Felony. If convicted, he faces a punishment of up to 60 years imprisonment, according to a criminal complaint prepared by Assistant District Attorney Paul L. Tiffin.

According to the complaint filed in Milwaukee County Circuit Court, police were sent to a home in the 4500 block of W. Cleveland Avenue around 7:34 a.m. on Sunday, April 19, after a 911 call was made to report a man had attacked two people in the home.

Officer Robert Roach was among officers dispatched to the address. The court's probable cause finding states Roach entered the home and found Michael Mattioli straddling Acevedo, who was face-down with Mattioli's arm wrapped around his neck.

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The court filing states officers intervened and checked Acevedo's vital signs. They found he was not breathing and did not have a pulse. Roach then called for an ambulance as the officers began CPR.

Acevedo was taken to St. Luke’s Hospital where he died April 25.

Mattioli later told Milwaukee County District Attorney Investigator David Dalland that Avacedo had come to his house the night prior to join him and other friends in drinking by a fire in the back yard. He woke up Sunday to Avacedo rifling through Mattioli's pockets, according to the complaint.

Mattioli said he confronted Acavedo, who said he was not stealing. Mattioli said Avacedo then punched his friend, idenfified in court documents as "CP," and fell to the ground. That's when Mattioli got on top of him and 911 was called.

Milwaukee Chief Medical Examiner Dr. Brian Peterson performed an autopsy on Acavedo and determined his cause of death was “Anoxic Encephalopathy due to Traumatic Asphyxia.” He ruled the death a homicide.

Mattioli's attorney, Michael F. Hart, told WISN news he is not able to discuss the case but that he's certain Mattioli will be cleared of the accusations.

"We are unable to discuss the circumstances surrounding the events inside Officer Mattioli's home at this time," Hart told the news outlet. "When that time comes, we are confident that it will be clear that Mr. Acevedo's death, while tragic, was not the result of any criminal actions by Officer Mattioli."

An earlier version of this story incorrectly stated Mattioli's charge resulted from an officer-involved shooting.