National Organization Calls For Tosa Police Chief To Be Demoted

WAUWATOSA,WI — An organization is demanding the demotion of Wauwatosa Police Chief Barry Weber. The demand comes from Rainbow PUSH Coalition, which defines itself as a multi-racial, multi-issue, progressive, international membership organization fighting for social change.

In a news release, the organization said a meeting was held October 20 that was mediated by Bishop Grant, a representative of Reverend Jessie Jackson. Mayor Dennis McBride, City Attorney Alan Kesner, the Alvin Cole Family, and their attorneys participated in the meeting and had a "very tough conversation."

They called for McBride and the Wauwatosa Council Members to instruct the city attorney to "dismiss any and all municipal tickets that were given to nonviolent peaceful activists" during the curfews of August 14, 2020 and from October 7 – 12, 2020 starting with Taleavia and Tayudah Cole, the sisters of Alvin Cole, the news release said.

Mensah, the Wauwatosa police officer involved in the shooting deaths of three people of color in the last five years, appealed his suspension in September. Mensah was suspended with pay in July, but according to online court records dated Sept. 9, he is appealing the decision.

"We also understand that McBride believes that he cannot fire Chief Weber, with which we disagree. However, the Common Council and Mayor certainly have the power to demote Chief Weber immediately. There needs to be a new Chief in town and Weber has shown himself to be unwilling and unable to lead Wauwatosa and particularly the WPD in the direction that it deserves to be in.

We believe that as persons who are in positions of power and leadership in Wauwatosa it is up to you to decide the type of community that you want moving forward. You have the power to instruct the City Attorney to dismiss all municipal tickets. Actions not just words are one way to demonstrate your commitment to moving forward," the statement said.

Patch reached out to Mayor McBride and Chief Weber.

McBride released the following statement:

"Once tickets are issued, their disposition is a matter for the Municipal Court, not the Mayor, Common Council, or City Attorney. If people believe that they should not have been given tickets, they can make that argument to the Court. Last week, Judge Baker dismissed some tickets and upheld others.

In addition, attorney Motley has never cited any legal authority for her repeated claim that the Mayor has authority to fire Chief Weber and that the Mayor and Common Council can demote him. Under Section 62.13 of the Wisconsin Statutes, authority over hiring, firing, and discipline of police officers, including a police chief, belongs only to the Police & Fire Commission (PFC). Section 62.13(3) states: "The [PFC] shall appoint the chief of police and the chief of the fire department . . . who shall hold their offices during good behavior, subject to suspension or removal by the [PFC] for cause." Nowhere do the Statutes give that authority to anyone other than the PFC."

Background

The Wauwatosa Police and Fire Commission will hear evidence against Officer 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.

The attorney representing two of the families of the shooting victims, Kimberly 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.

Protests and Unrest

In early October, suspended Wauwatosa Police Joseph Mensah learned he will not face charges in the fatal shooting of 17-year-old Cole at the Mayfair Mall in February. Milwaukee County District Attorney John Chisholm released the following statement:

"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."

A state of emergency and a curfew was imposed in the city of Wauwatosa. Protests and unrest followed for over five days. On Oct. 8, the mother and other siblings of Cole were arrested by Wauwatosa police. The arrests came after police enforced the 7 p.m. curfew. Tracy, Taleavia and Tristiana Cole were arrested after 9 p.m. near Wauwatosa and Milwaukee avenues.

Protests continued after the curfew was lifted on Oct. 12. A clash between Wauwatosa Police and protesters was caught on camera Oct. 13 near North 65 Street and West Meinecke Avenue. A 28-year-old West Allis was arrested and two officers suffered minor injuries. The video which has been shared on social media shows an apparent arrest of a bicyclist and a struggle.

In the video, some type of smoke agent was thrown at the group of protesters. Team ROC organized a rally in October to demand justice for Alvin Cole. The release said former Milwaukee Bucks standout and Wisconsin native Caron Butler has offered to cover funds that will pay for Alvin's headstone and will be working with Team ROC on the donation. The organization offered to pay bail and citation fees for all of the protesters arrested in Wauwatosa on Oct. 8, according to a news release.