Three of the men charged with murder in the death of D’Vontaye Mitchell, who was pinned face down on the ground outside a Milwaukee hotel last year, are seeking plea deals in the case.
A prosecutor from the Milwaukee County District Attorney's Office was in court Tuesday requesting that a judge set plea dates on behalf of Devin W. Johnson-Carson, Brandon LaDaniel Turner and Herbert T. Williamson.
"The parties have been in negotiations for the last few weeks, and I think we have a resolution," Daniel Flaherty, an assistant district attorney, said in court.
All three men were charged with felony murder in August.
A fourth defendant, Todd Alan Erickson, did not appear to have reached a deal with prosecutors. Court records show he is scheduled for a jury trial in August.
The four men were working at the downtown Hyatt Regency hotel in Milwaukee on June 30 when police said that a person had "caused a disturbance" and that officers were told the person had fought as security escorted them outside the hotel.
Erickson and Turner were working as security guards, Williamson as a door attendant, and Johnson-Carson as a front desk agent, police said.
According to a criminal complaint filed against the men, Mitchell was on the ground in the hotel's driveway and not breathing when officers arrived at the scene. The complaint alleges that he was tackled, punched and kicked during the altercation.
Turner allegedly hit Mitchell three times with a closed fist and Johnson-Carson allegedly struck him once with a fist. Erickson kicked him in the torso, the complaint said
Video reviewed by police showed Mitchell was pinned to the ground for eight to nine minutes while he tried to break free, according to the complaint.
A bystander recorded a video of the physical struggle between the security guards and Mitchell. In the video, at least one of the employees appeared to be kneeling on Mitchell's back.
Another person was seen on Mitchell’s head while his limbs were pinned down by others. Mitchell appeared to be hit in the head by one of the men with an object several times.
The Milwaukee County Medical Examiner ruled Mitchell's death a homicide, stating that the immediate cause of death for the 42-year-old was “restraint asphyxia and toxic effects of cocaine and methamphetamine." Other conditions were listed as contributing factors in the medical examiners report, including hypertensive cardiovascular disease and morbid obesity.
According to the complaint, Erickson told police that he did nothing to "intentionally harm or kill" Mitchell. NBC News was unable to find contact information for Erickson's attorney.
Johnson-Carson allegedly told police that he believed he remembered Mitchell’s saying something about breathing but could not remember exactly what was said.
Mitchell's family retained the services of civil rights attorney Ben Crump, who said Michell's mother believed her son was in the midst of a mental health crisis when the hotel encounter occurred. Crump said in June that the charges filed were an important step forward.
"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," Crump said.
A representative for Crump did not immediately return a request for comment Tuesday.
