Wauwatosa PFC Moves Forward With Officer Mensah Complaint

WAUWATOSA, WI—The Wauwatosa Police and Fire Commission voted unanimously on Monday to move forward with pre-hearing scheduling deadlines on the pending charges filed against Officer Joseph Mensah. The commission met via Zoom and voted to take no further action on two additional complaints filed against Mensah.

The charges relating to the killing of Jay Anderson were filed on behalf of Linda Anderson, Jay Anderson, Sr., and Starkeisha Delarosa.

Mensah, a Black Wauwatosa police officer, was suspended after being involved in three fatal shootings of people of color over the past five years. Mensah was involved in the deaths of Alvin Cole, Antonio Gonzales and Jay Anderson.

The vote was to move the complaint forward with the following proposed deadlines:

• Have a deadline on or before August 21, any amendments to the citizen complaint/charges must be filed with the PFC.
• Any responsive documents to the final complaint/charges must be filed with the PFC no later than August 28.
• Any submission by the parties to the Independent Investigator must be made by September 4.
• The Independent Investigator's report must be filed with the PFC no later than October 19.

Wauwatosa Police and Fire Commission attorney Christopher Smith, who drafted the scheduling proposal, said it was to make sure the case moves forward promptly. He stated there was an objection by complainants about the scheduling order deadline to finalize the charges.

The main reason for their objection, Smith said, was the complainants haven't received all the evidence and materials from a June open records request.

"My recommendation is to continue and consider and adopt the scheduling order I put forward," Smith said.

The complainants' attorneys also forwarded a scheduling order deadline proposal for the end of October. Smith felt their deadline proposal would delay the case. In Smith's opinion, the case hasn't moved forward much at all. With his proposed scheduling order, he believes there will be a hearing and decision still this year.

Smith added if they follow the complainants' attorneys proposed scheduled, he believed they would be looking at a 2021 disposition.

"It (the case) does need to move forward considering the employee in question has been suspended pending resolution or disposition of these charges," he said.

"I think it's important we have a scheduling order in place, with particular deadlines," Commissioner Victor Platinga said.

Platinga added it would be fair to the family of Jay Anderson and Mensah to do things promptly.

Attorney Kimberley Motley called the ruling "disappointing" and stated the complainants have a right to speak and make arguments. Motley added there are scheduling concerns dealing with open records requests from the police department that haven't been completed.

The commission also voted to acknowledge receipts of complaints filed by the families of Antonio Gonzales and Alvin Cole. The commission voted to take no further action on those complaints at this time.

"At this time, I don't think it's appropriate for the PFC to take action or hold open this complaint,"Commissioner Danielle Long said.

Long explained the complainants are seeking disciplinary against Mensah which includes possible termination. Long said per PFC and state laws, the commission can only take action upon finding a "just cause."

Two of the shootings Mensah was involed in were ruled justified. The 2016 shooting of Cole is still under review by the Milwaukee County district attorney.

The complaints relating to the killings of Gonzales and Cole were filed by attorney Kimberley Motley.

The July 13 petition from Motley states:

"On February 2, 2020 Officer Mensah fired his weapon five times at Alvin Cole killing him. We believe that Officer Mensah fired his weapon at Alvin with utter disregard for his life and potentially did not follow proper protocols and procedures. We are waiting to receive various open records requests filed on 18 June 2020, 8 July 2020, and anticipate filing future open records in preparation. It is our belief that this complaint is substantially related to the complaint in regards to the death of Jay Anderson on 18 June 2020. As such until we receive and review such documents we reserve the right to amend and update this petition."

The July 14 petition from Motley states:

"On July 16, 2015 Officer Mensah fired his weapon eight times at Antonio Gonzales killing him. We believe that Officer Mensah fired his weapon at Antonio with utter disregard for his life and potentially did not follow proper protocols and procedures. We are waiting to receive various open records requests filed on 18 June 2020, 8 July 2020, and anticipate filing future open records in preparation. It is our belief that this complaint is substantially related to the complaint in regards to the death of Jay Anderson on 18 June 2020. As such until we receive and review such documents we reserve the right to amend and update this petition."