MILWAUKEE — The jury in the murder trial of former Milwaukee police officer Michael Mattioli found him not guilty of homicide on Friday.
Mattioli faced one count of first-degree reckless homicide in the April 2020 death of Joel Acevedo.
Court records show Acevedo was at a party at Mattioli’s home. Mattioli woke up to find Acevedo going through his stuff. He believed Acevedo was stealing from him and asked him to leave. Mattioli called 911 and restrained Acevedo for several minutes and he was unable to breathe, according to prosecutors. Acevedo died six days later in the hospital.
The defense has argued that Acevedo's drug use, as well as a history of medical conditions like chronic asthma, led to his death, not Mattioli's actions. Attorneys for Mattioli also said he was acting in self-defense after Acevedo attacked Mattioli and a friend at his home.
WATCH: Attorney weighs in on verdict
After more than four hours of deliberation Friday, the jury announced they were deadlocked. Judge David Swanson read additional instructions, asking them to continue trying to reach an agreement.
Roughly half an hour later, they had their verdict.
Following the verdict reading by Judge Swanson, Mattioli's family sobbed in court, as did Mattioli. Acevedo's family was just as emotional, upset at a verdict they hadn't hoped for.
Mattioli's family left the court without offering a statement.
On behalf of Acevedo's family, Attorney B'iVory LaMarr released the following statement:
In the wake of the 'not guilty' verdict for Michael Mattioli, we, alongside the family of Joel Acevedo, express our sincere gratitude to the community and supporters who have been our pillar of strength throughout these 3.5 years. While the verdict is disheartening, it does not diminish our determination; instead, it reinforces our commitment to seeking justice.
The fact that Milwaukee Police Department’s former officer Michael Mattioli was charged in a system where such accountability is rare marks a significant step forward. Our attention now turns to the impending civil lawsuit, where we contend that the admissions of an intoxicated officer, while not enough for a criminal conviction, unequivocally points to a violation of Joel's constitutional rights. Our fight goes far beyond Joel; it is a quest to uphold the rights and dignity of all individuals.
As we move forward, it is Joel's spirit and memories that guide us in this continued pursuit of justice. This moment is not an end, but a compelling call to action for systemic change and accountability. We extend our gratitude to every individual who has stood with us throughout this journey. Your support and solidarity are invaluable as we strive to transform this chapter into a catalyst for meaningful change, ensuring that Joel's legacy is one of hope, reform, and justice for all.
Previous coverage below...
Mattioli takes the stand
Former Milwaukee Police officer Michael Mattioli took the stand on Thursday afternoon in his homicide trial.
"I didn't feel the need to hurt him. I just wanted to hold him down until the police arrived," said Mattioli.
Mattioli, answering questions from the defense, said the argument started in his bedroom, unexpectedly.
"I woke up because I felt somebody touching me. And I felt somebody rummaging through my pockets," said Mattioli, who claims Acevedo was trying to steal from him.
Acevedo refused to leave the home, and they fought, according to Mattioli. Mattioli said Acevedo pushed him. Another friend at the home, Christopher Peters, said during testimony Tuesday that Acevedo punched him in the face.
"I know what I did. I know I wasn't choking him. I thought he'd be OK. I didn't think there was any way he could be hurt like that," said Mattioli.
Prosecutors asked Mattioli if he was still drunk from the party the night before. Mattioli said yes.
"In this situation, you're an intoxicated man, who's angry, lying on top of a man, and you couldn't give an answer [to police] as to whether he was breathing? You simply didn't know," said District Attorney Paul Tiffen.
"I said I don't know, but handcuff him," said Mattioli. "Only moments earlier we were in a real struggle. And I thought he was perfectly fine. I didn't know he was hurt. I truly didn't know that."
Mattioli said he asked for the cuffs because he still believed Acevedo to be a threat.
Before Mattioli's testimony, the defense called Dr. Jimmie Valentine, a clinical pharmacology and forensic toxicology consultant.
As a clinical pharmacologist, Valentine said he studies drugs and how they affect the human body.
Valentine told the court, based on his review of medical records, that Joel Acevedo had likely consumed a “high” level of cocaine recently before the incident with Michael Mattioli.
The defense asked if ingestion would’ve been sometime within 12-15 hours before Acevedo was admitted to a hospital.
“Yes, I think that would be fair. We don’t know the exact time, but it was certainly a window of use in that ballpark,” said Valentine.
Acevedo had also been drinking and still had a BAC of roughly 0.2 about four hours after he became unconscious, according to Valentine.
Another expert, former Milwaukee County Medical Examiner Jeffrey Jentzen, testified that Acevedo didn't die from being choked. Jentzen left the office in 2008, and at the request of the defense, conducted his own review of Acevedo's death.
"My opinion was that the cause of death was prone restraint cardiac arrest. And manner of death in my opinion was indeterminate," said Jentzen.
On Wednesday, current Milwaukee County Medical Examiner Wieslawa Tlomak said, through her own independent review, she certified the cause of death as homicide.
State rests its case
Day 3 of the murder trial of former Milwaukee police officer Michael Mattioli continued on Wednesday, Nov. 8, 2023.
The state rested Wednesday, and the court adjourned around 1:30 p.m. Defense will begin calling witnesses Thursday morning.
Mattioli faces one count of first-degree reckless homicide in the April 2020 death of Joel Acevedo.
According to prosecutors, Acevedo was at a party at Mattioli’s home. Court records show Mattioli told police he woke up the next morning, April 19, 2020, and found Acevedo going through his pants pockets.
Then, after an argument, Mattioli restrained Acevedo for several minutes, according to prosecutors. Acevedo died six days later in the hospital.
The state, on Wednesday, first called Milwaukee County Chief Medical Examiner Wieslawa Tlomak to the stand for testimony.
Tlomak said she did not perform the autopsy on Joel Acevedo, but did her own independent review of his death based on reports of the former chief examiner as well as a 911 call and police body-camera video.
District Attorney Paul Tiffen asked Tlomak if she could say, to any degree of medical certainty, whether there was any compression on Mr. Acevedo's neck.
"I think there was compression to Mr. Acevedo's neck, his chest, and upper abdomen," said Tlomak.
Tlomak testified that Acevedo, based on medical records, had been diagnosed with asthma, which "made him more vulnerable."
She also told the court that hospital records showed positive tests from Acevedo's urine for cannabinoids, like marijuana, as well as cocaine and alcohol.
However, Tlomak said, the medical examiner’s office, through its own tests, couldn’t determine when or how much cocaine Acevedo consumed, only that he’d used cocaine.
The defense has said that Acevedo's prior medical history played a role in his death. And that because of his drug use on April 18 or 19th, the defense has indicated, he was erratic, and Mattioli was simply restraining Acevedo until police arrived.
Ultimately, Tlomak said based on her own review, Acevedo died from a brain injury caused by traumatic asphyxia, during a “violent struggle.”
She described traumatic asphyxia as a condition during which a person is unable to breathe or if there is compression of the neck that makes "blood flow to the brain impossible or decreased."
"I would certify it as death as homicide," said Tlomak.
The defense questioned how she could know how much force Mattioli used to restrain Acevedo.
"What the body camera doesn't show you, if those [arm] positions are accurate, is whether Mr. Mattioli is applying any pressure to Mr. Acevedo's neck at that time, true?" said Defense Attorney Craig Powell.
"Based on this video, I cannot tell if there was pressure applied. The only person who could tell, how much pressure was applied, would be Joel Acevedo," said Tlomak.
The state rested after Tlomak's testimony. The court adjourned early for the day, around 1:30 p.m. The defense will call its first witnesses on Thursday.
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