Lawyers Request WPFC Hearing On Mensah Report

WAUWATOSA, WI— The attorneys representing Jay Anderson, Jr., Alvin Cole, and Antonio Gonzales families is requesting a hearing no later than Oct. 22 regarding a report on suspended Wauwatosa Police Officer Joseph Mensah.

Attorney Kimberly Motley sent out the request on behalf of the families. It was addressed to the City of Wauwatosa Police and Fire Commission.

The request stated:

"We agree with the PFC Investigator’s assessment as written in their report that Mensah should be removed “from duty as an active Wauwatosa Police Officer.” It is clear that Mensah’s continued employment status with the Wauwatosa Police Department is of great public concern. Futhermore, we strongly believe that it will serve the best interests of our clients, the respondent, the City of Wauwatosa, Milwaukee County, and the Wisconsin community at large that a hearing be held as soon as possible."

On Wednesday it was announced Mensah will not face charges in the fatal shooting of 17-year-old Alvin Cole at the Mayfair Mall in February. Milwaukee County District Attorney John Chisholm made the announcement Wednesday after meeting with Cole's family and attorney.

"There is sufficient evidence that Officer Mensah had an actual subjective belief that deadly force was necessary and that belief was objectively reasonable," Chisholm said in a 14-page document addressed to Wauwatosa Police Chief Barry Weber. "I do not believe that the State could disprove self-defense or defense of others in this case and therefore could not meet the burden required to charge Officer Mensah."

The Wauwatosa Police and Fire Commission commission hired former U.S. Attorney Steven Biskupic to investigate the case.

Biskupic said in his report, by not firing the officer, it allows Mensah to continue to work as an officer provides potential for him to use deadly force for a fourth time and causes risk to the city and police force.

The report states, if "Officer Mensah is authorized to use deadly force for a fourth time, a situation creating extraordinary, unwarranted and unnecessary risk to the Wauwatosa Police Department and the City of Wauwatosa."

Biskupic also wrote that Mensah violated department policy when he he spoke on a public radio show about the shooting in July.

There’s no body-camera of the Cole shooting because Wauwatosa’s officers don't have the equipment. The city did release squad car dashcam video don't reveal much on the incident.

Testing of body-worn camera equipment has concluded, and the Wauwatosa Common Council approved the purchase of body-worn cameras for all officers, with full implementation scheduled for January of 2021.