Wauwatosa Police And Fire Commission Set Hearing To Hear Evidence

WAUWATOSA, WI— The Wauwatosa Police and Fire Commission will hear evidence on whether a suspended officer should keep his job or be fired. The commission is the only body that can fire a police officer.

The commission decided the first evidence will be heard Dec. 16. Chris Smith, attorney for the police and fire commission, said the hearings are expected to last several days at City Hall. The hearings will be broadcast online. Smith said a "fair hearing with due process" is necessary before making the decision.

During the meeting Smith spoke about emails from the public to members of the PFC. Smith reminded the public that PFC can't be lobbied as by law they have to make a decision based on evidence.

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

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.

Before the meeting, several groups including The People’s Revolution, Tosa Together, Tosa Moms Tackling Racism, PerSisters and Indivisible Tosa held a news conference demanding Mensah be fired.

“The common council and the mayor, they don’t have to hide behind the fire and police commission,” Motley said. “We could take care of this today, right now if they wanted to.”

Background

In August, The Wauwatosa Police and Fire 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 a 17-year-old shot to death by a police officer were arrested by Wauwatosa police. The arrests came after police enforced people who violated 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 on Oct. 15 at Hart Park,7300 Chestnut Street, to demand justice for Alvin Cole. Masks must be worn, according to a news release. 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.