MILWAUKEE — The Milwaukee County District Attorney’s Office filed charges of felony murder against four people in relation to D’Vontaye Mitchell’s death.

Mitchell, 43, died after being held down by hotel employees outside the Hyatt Regency Hotel June 30, 2024, in downtown Milwaukee.

According to a criminal complaint, the four men charged are 60-year-old security guard Todd Alan Erickson of Milwaukee, 23-year-old front desk worker Devin Johnson-Carson of South Milwaukee, 35-year-old security guard Brandon LaDaniel Turner of Milwaukee and 52-year-old bellhop Herbert Williamson of Milwaukee. If convicted, they each would face up to 15 years and nine months in prison.

Reached by telephone Tuesday evening, Erickson referred a request for comment to his attorney, Michael Steinle, who didn't return voicemail or email messages.

Erickson made his initial appearance in court Wednesday morning, per court records. 

It was unclear if any of the other three people charged had attorneys. Online court records didn’t list any attorneys for them as of Tuesday evening. A telephone listing for Williamson had been disconnected, and The Associated Press could not immediately locate phone numbers or other contact information for Johnson-Carson or Turner.

According to a criminal complaint, the four hotel employees dragged Mitchell June 30 out of the Hyatt Hotel after Mitchell entered a women’s bathroom and held him on his stomach for eight or nine minutes.

One employee told investigators that Mitchell was having trouble breathing and repeatedly pleaded for help, according to the complaint.

The complaint concludes the employees had to have known Mitchell was in distress. “All of these factors, the gasping, the actions and words of DM, the distress that he was in, show that all four Defendants were aware that holding DM face first on the ground was ‘practically certain’ to cause impairment of his physical condition," the complaint said.

An autopsy showed Mitchell suffered from morbid obesity and had ingested cocaine and methamphetamine, the complaint said.

Relatives of Mitchell and their lawyers had previously reviewed hotel surveillance video provided by the district attorney’s office. They described seeing Mitchell being chased inside the hotel by security guards and then dragged outside where he was beaten.

Civil rights attorney Ben Crump, who is part of a team of lawyers representing Mitchell’s family, has said video recorded by a bystander and circulating on social media shows security guards with their knees on Mitchell’s back and neck. 

Crump released the following statement in response to the charges:

“Today marks a significant step towards justice for the family of D'Vontaye Mitchell. The evidence, including security footage and witness statements, paints a disturbing picture of a man in distress who was met with excessive and lethal force. The fact that D'Vontaye was held face down on the pavement for eight to nine minutes –– just like George Floyd –– is a sobering reminder of the urgent need for accountability and justice.

“This case underscores the critical need for comprehensive training and oversight of security personnel to ensure that they are equipped to handle situations without resorting to excessive force. The charges filed today are an important step, but they are just the beginning. D'Vontaye's life mattered, and his story will not be forgotten.” 

Crump also represented George Floyd's family. 

Fellow attorney on the team, B’Ivory LeMarr, said while these charges are a step forward, he believes there are more people who should be charged in connection to Mitchell’s death.

“There’s a hotel desk clerk [who] we saw in that video [who] struck D’Vontaye Mitchell several times in the head — while he pleaded for help while he laid on the ground near the doorway,” said LeMarr. “There was also a private civilian shown dragging D’Vontaye Mitchell.”

DeAsia Harmon, Mitchell's widow, said Tuesday the decision was a relief. But she questioned why it took weeks.

“These people are on camera taking my husband's life,” she said. “They should have been charged the moment they did that.”

His sister, Nayshia Mitchell, said D’Vontaye Mitchell was talented, kindhearted and helpful. She wished she could have been there for her bother. 

“He needed his family at that time,” Nayshia Mitchell said. “Clearly those people inside the hotel didn’t know what was going on with him and didn’t know what was happening with him and they weren’t trying to find out.”

She said there’s a long road ahead to get justice for her brother.

“We need to make sure these charges stick and we need to get some convictions,” she said. “Without that, we won’t be quiet.”

Milwaukee Mayor Cavalier Johnson issued the following statement in response to the charges:

“It is difficult to read the criminal complaint charging four individuals with felony murder in the death of D’Vontaye Mitchell. It is even more difficult to watch the surveillance video documenting his final moments. The charges outline a confluence of troubling actions and circumstances leading to D’Vontaye’s death.

“I reiterate my call for justice. The accused deserve a fair opportunity to defend themselves, and, at the same time, the family and friends of D’Vontaye Mitchell deserve to have those responsible held to account.

“It is highly likely this death could have been prevented. We owe it to D’Vontaye’s memory to reflect upon and learn from this tragic outcome.”

Aimbridge Hospitality, the company that manages the hotel, said previously that several employees involved in Mitchell’s death have been fired.

The DA said the charges were made after evidence collected by the Milwaukee Police Department, the Milwaukee County Medical Examiner’s Office report and information from community members was reviewed.

The DA said arrest warrants were issued for all four people who have been charged in the case.

Read the full criminal complaint below: 

This story is developing. Check back for updates.