Complaints Filed Against Mensah Are Dismissed By Wauwatosa PFC

WAUWATOSA, WI— The Wauwatosa Police and Fire Commission unanimously dismissed the complaints against Joseph Mensah on Thursday.

The dismissed complaints come after the announcement that the Wauwatosa Common Council entered into a separation agreement late Tuesday, between Mensah, the Wauwatosa Peace Officer's Association, and the City of Wauwatosa. As part of this agreement, Mensah is resigning effective November 30. He will receive nearly $130,000 as part of a separation agreement with the city.

Many members expressed displeasure as to how events unfolded. Commissioner Greg Leahy called the circumstances that led to a special meeting as "unfortunate." He reminded people that the PFC is an independent entity and is separate from Mayor Dennis McBride's office and the Common Council.

"I found out about the agreement once it was made public. The mayor and Common Council are solely responsible for negotiating the terms and conditions of the resignation agreement," Leahy said. "If you have an issue with the agreement, I would encourage you to reach out to the mayor and your alderperson to voice your concerns. While I disagree with the process in which the resolution was brought before the Police and Fire Commission today, I am reluctantly voting to pass this resolution."

Commission member Victor Plantinga said because of the PFC's role as an independent group, they couldn't interact with the media and the general public. Back in July when the complaints were filed, Plantinga said it was the right call.

"Our silence allowed the public comment to fill the void. A lot of that was frankly very unhelpful," he said.

He mentioned the Common Council holding an advisory vote on whether Mensah should continued to be employed by the city. Plantinga said organizations urged the FPC to fire the officer without a hearing. He took exception to the attorney representing two of the families of the shooting victims, Kimberly Motley, stating the commission could fire Officer Mensah without a hearing.

"The statues is very clear and plain, you don't have to be a lawyer to understand that the hearing is required in this case," Plantinga.

He added all the misinformation in the case has made things "more painful" than it needed to be.

Commissioner Danielle Long reiterated the PFC is independent from the mayor and Common Council.

Long added people forget that the Mensah, the Anderson, Cole and Gonzalez families are people and this is their lives.

"Maybe people have forgotten that," Long said. "Misinformation that is shared and spread does a disservice to the parties involved. I hope people remember that."

Motley released a comment on social media after she raised her hand during the virtual meeting and wasn't called on to speak:

"My hand raised in the PFC- started with prepared written condolences then them trying to backtrack and say the police had nothing to do with it- PFC misstating law but not willing to debate that Weber could not fire Mensah while on suspended leave for violations - NOT TRUE. Weber also not on video where we raised objections about his membership with the PFC - Absolute Cowards! Remember this unanimous vote (11/19/20) without the PFC wanting to hear from the families as we push forward - Much more to come!"

Background

The city asked the PFC to meet as soon as practical to dismiss the charges pending against Mensah as he will no longer be an employee of the City of Wauwatosa. The PFC was scheduled to hear evidence against Mensah on Dec. 16. In August, the commission voted unanimously to move forward with pre-hearing scheduling deadlines on the pending charges filed against Mensah.

Motley filed the complaint with city officials in June. Motley represents the Cole family as well as the family of Jay Anderson Jr., who was fatally shot by police in 2016.

The complaint called for Mensah's dismissal from the department, a recommendation for criminal charges against the officer, a recommendation that Wauwatosa police officers be outfitted with body cameras, and several open records requests on incidents involving the police department in prior years.

Anderson Jr. was fatally shot at Madison Park in June 2016 after an officer, later identified by officials as Mensah, responded to a report of suspicious vehicle parked outside Madison Park around 3 a.m. Reports indicated the officer encountered Anderson in possession of a gun inside the vehicle. Authorities said the officer feared for his safety and fired his gun into the car, killing Anderson. Chisholm cleared Mensah of the shooting in December 2016, saying the officer would not face any charges.

In another fatal shooting, Antonio Gonzalez was shot and killed in July 2015 by Mensah and fellow officer Jeffrey Newman after authorities said Gonzalez swung a sword and refused to drop it. Authorities determined the officers shot at Gonzalez in self-defense. Mensah and the fellow officer were cleared by prosecutors later that year.

Mayor McBride said, "Now is the time for all of us to come together and heal. We've made substantial progress during 2020, and in the coming year we'll continue to focus on positive change for our community. As before, I'm committed to working with the Common Council, the city's Equity and Inclusion Commission, and members of the public to make that happen."

Motley has repeatedly called for Mensah to be fired. She released the following statement after news of Mensah's resignation:

"Joseph Mensah's resignation is long overdue. While we welcome the news; it is tragic that the Wauwatosa Police Department under Chief Weber's leadership failed to address his shortcomings for years. It is time for new leadership in the Wauwatosa Police Department. The families of Alvin Cole, Jay Anderson, Jr. & Antonio Gonzales will continue to fight for justice. We call on the City of Wauwatosa to IMMEDIATELY fully disclose the terms of its agreement with Joseph Mensah to the public."