Wauwatosa Officer Should Face Homicide Charge, Attorney Says

WAUWATOSA, WI — The Wauwatosa police officer accused of shooting and killing Alvin Cole outside Mayfair Mall in February should face a homicide charge, an attorney representing Cole's family said.

Kimberly Motley of international law firm Motley Services, told Wauwatosa Patch that she's now representing the families of Alvin Cole and Jay Anderson — two black men who were shot and killed by Wauwatosa police. The Wauwatosa officer accused in the shootings is Joseph Mensah, who is also black. Mensah is also accused in a third fatal police shooting.

"From our perspective, it doesn't matter what color Officer Mensah is, a bad cop is a bad cop," she said. "For him to fire his gun 23 times in five years, and kill three people is outrageous. For us, he's a bad cop, period. I think we have a lot of evidence."

Motley said Cole's family reached out to her in February to represent them after Alvin Cole was shot and killed outside Mayfair Mall. She is now also representing the family of Jay Anderson, who was shot and killed in June 2016 while seated in a parked car in Madison Park.

"This case is an example of how police departments unfortunately support bad policing," Motley told Patch. "He should have been fired following the Jay Anderson case. He shot at him 12 times, hitting him five times and did not engage his dashcam until after the shooting took place."

Motley said Mensah was one of four officers who chased Alvin Cole outside Mayfair Mall, but that Mensah was the only one who fired at him.

"There were at least three other officers there, yet he's the only one who shot," she said. "As it relates to this case, Mensah should be charged with a homicide offense."

Motley told Patch she and Cole's family met with Milwaukee County District Attorney John Chisholm on Thursday to get an update on the case.

Motley wouldn't divulge specific details about the active case, but did tell Wauwatosa Patch that she shared evidence with the district attorney "that wasn't forthcoming and should have been available to him."

Night Of Cole's Death

On Feb. 2, a Mayfair Mall public safety officer called police, saying "We just had a domestic trouble by Sephora, and I believe there was somebody that was ending up saying that somebody had a gun with them. We just want the police to get involved just in case they do have it."

That call came across at 5:41 p.m. on Feb. 2.

One minute later, a police dispatcher radioed an officer to respond to the mall, according to police. The officer was provided a description of Cole, and that he was in a group of three people.

"The victim believes he saw a gun," the dispatcher told the officer.

Just after 6 p.m., an officer on-scene told dispatch "They're walking south through the parking deck, looks like they're going to run if I try to step out with them."

The officer found the group outside The Container Store. They took off running toward the Cheesecake Factory and police began a chase.

As police chased Cole, video showed Cole firing one gunshot at police. You can hear officers shout "drop the gun" and "put it down" several times before five gunshots are fired. The pursuing officer shot Cole, resulting in his death, according to police.

Officers began CPR and life-saving measures before the Wauwatosa Fire Department came to try to save Cole's life. He was rushed to Froedtert Hospital. He was later pronounced dead by the Milwaukee County Medical Examiner. Police said Cole was carrying a 9 mm semi-automatic pistol that had been stolen in Milwaukee in October. Police also said during the pursuit that Cole fired his gun at officers as he was on the run.

3 Killed In Wauwatosa Police Shootings

Jay Anderson was fatally shot at Madison Park in June 2016 after an officer, later identified by officials as Joseph 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.

Antonio Gonzalez was shot and killed In July 2015 after authorities say Mensah and fellow officer Jeffrey Newman shot and killed the 29-year-old Gonzalez after he swung a sword and refused to drop it. Authorities determined the officers shot at Gonzalez in self-defense.

Alvin Cole was shot and killed by a Wauwatosa police officer outside Mayfair Mall in February. Days after the shooting, Wauwatosa police released video, and provided a moment-by-moment breakdown of the altercation that ended Cole's life.

Wauwatosa Patch has reached out to the Wauwatosa Police Department for comment in this case.