The Milwaukee Police Department said it referred criminal charges to the district attorney's office Friday amid an investigation into the death of D’Vontaye Mitchell, a Black man who was pinned to the ground by hotel security guards last month.
The police department said that it referred felony murder charges with the underlying charge of battery against four people.
The referral of charges means police believe they have probable cause, police chief of staff Heather Hough explained. It's up to the district attorney's office to make the final determination.
NBC News reached out to Milwaukee County District Attorney John T. Chisholm for comment. His office said via email that there are no updates to the case and the investigation is ongoing.
Civil rights attorney Ben Crump, who is representing Mitchell's family, said the referral of charges "is a significant step toward justice."
"We are grateful for the referral of these charges, as they underscore the severity of the actions that led to D’Vontaye's sudden and untimely death," he said in a statement. "We must now press for these charges to be formally filed by the District Attorney's Office in order for these officers to truly be held accountable."
Mitchell, 43, went to the downtown Hyatt Regency hotel on June 30. Police said that a person had entered the hotel, "caused a disturbance," and "fought with security guards as they were escorting" him out. Four security guards pinned him face down on the ground outside a hotel until police arrived.
Part of the incident was captured on camera and showed Mitchell being detained on the ground by four hotel security guards.
When one of the security guards spots the bystander filming, he is heard on video saying, "This is what happens when you go into the ladies room!"
Mitchell yells for help. "Please! Help! Please! I’m sorry," he says.
It's not clear what happened before the events in the video.
The Milwaukee County medical examiner said Mitchell’s preliminary manner of death is homicide. The final results have not yet been determined.
Mitchell’s mother, Brenda Giles, has said that she believes her son was having a mental health episode, according to Crump. The attorney said Mitchell's death was "disturbing" and reminiscent of George Floyd, a Black man who died in May 2020 after Minneapolis police knelt on his neck for 9½ minutes while Floyd said he couldn’t breathe.
In footage of Mitchell's detainment, one security guard appears to be kneeling on his back. Another is at Mitchell's head and the two others hold his legs and arms down, the video shows.
Crump said in a July 3 statement that a witness reported seeing a security guard strike Mitchell in the head with an object.
A spokesperson for Hyatt said earlier this week that the employees involved in the incident were suspended. Aimbridge Hospitality, the company that manages the hotel, said Wednesday that several employees involved had been fired.
"The conduct we saw from several associates on June 30 violated our policies and procedures, and does not reflect our values as an organization or the behaviors we expect from our associates," a company spokesperson said in a statement. "Following review of their actions, their employment has been terminated. We will continue our independent investigation and do everything we can to support law enforcement with their investigation into this tragic incident."
The spokesperson did not say how many employees were fired or what their positions were.
