MILWAUKEE, Wis. — Four charges for felony murder, for four individuals involved in the death of D'Vontaye Mitchell, have been referred to the Milwaukee County District Attorney's Office. That's according to Milwaukee Police.
Mitchell died outside the downtown Hyatt Regency on June 30th after four employees pinned him to the ground for several minutes.
A sergeant with MPD said they referred charges on July 5th.
However, there are some inconsistencies with the information MPD has been telling TMJ4 over the last week.
Watch: Referral of charges in death of D'Vontaye Mitchell explained:
On July 5th, a spokesperson with MPD emailed our Jenna Rae and said "we are having the Milwaukee County District Attorney's Office review the death investigation; however, there are no criminal charges at this time."
Rae asked that spokesperson if anyone was in custody.
The MPD spokesperson responded and said "it is not a criminal investigation at this time."
It's unclear why four felony murder charges were referred to the DA's office, yet a criminal investigation wasn't ongoing.
TMJ4 also spoke with attorney Ben Crump's team, who's representing Mitchell's family.
Attorney B'Ivory Lamar, who's on Crump's team, said he was at the DA's office Thursday morning and there was no mention of charges being referred from Milwaukee Police.
Friday morning, Milwaukee Police released the following statement to provide clarification on its investigation into Mitchell's death.
"Today, July 12, 2024, The Milwaukee Police Department (MPD) is providing clarity to the public about our investigation of the tragic death of Mr. D’Vontaye Mitchell that occurred on June 30, 2024. At that time, MPD initiated a death investigation. Evidence was reviewed by both civilian and sworn investigators. On July 5, 2024, felony murder charges with the underlying charge of battery were referred to the Milwaukee County District Attorney’s Office against four individuals. These charges are under review and pending with the District Attorney. This is an ongoing investigation. MPD communicates regularly with the District Attorney and will provide them with additional information if received."
"The Milwaukee Police Department expresses our deepest sympathy and condolences to the family and loved ones of Mr. Mitchell."
In most criminal investigations, MPD sends a referral form with charges to the DA's office. We're unsure if MPD officers did that in this case, however, TMJ4 has filed a request for that referral form to confirm when and if charges were referred.
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