'Direct your questions to my attorney': Security guard fired after D'Vontaye Mitchell death says little as murder charges are referred to DA

MILWAUKEE (CBS 58) -- On Thursday, July 11, we spoke with one of the security guards who is seen on video restraining and hitting D'Vontaye Mitchell moments before he died.

MPD has referred felony murder charges to the district attorney's office against four people.

Todd Erickson had little to say to us.

Erickson is the security guard who kneeled on D'Vontaye Mitchell near his head and neck.

He is among those employees who have since been fired and could soon face charges in Mitchell's death.

When we asked questions about what happened June 30, Erickson said, "Direct your questions to my attorney."

We caught up with him Thursday as he walked home, the same day Mitchell's funeral was held.

We asked, "Is there anything you want to say to the family, sir?" He again said, "Direct my questions to the attorney."

Erickson is the most prominent employee seen in witness videos that show him and three other people restraining D'Vontaye Mitchell June 30, moments before Mitchell stopped breathing.

Erickson is the one in the video yelling at Mitchell while he's restrained, repeatedly saying on the video, "Stay down!" and "Stop fighting!"

At one point, Erickson directly addressed the camera and said, "This is what happens when you go into the ladies room."

But Mitchell's family and their attorney say that's wrong.

On Wednesday, July 10, they were able to view surveillance video that is in the DA's possession. They told us that video shows a different security guard started the altercation with Mitchell, and he ran into the hotel gift shop, and then bathroom, to try to get away.

They told us the surveillance video shows Erickson was one of the people who punched and beat Mitchell, and that Erickson even hit him in the head with a walkie-talkie while Mitchell was on the ground.

Aimbridge Hospitality, the third-party operator of the hotel, fired those involved. A statement said, "Following review of their actions, their employment has been terminated."

And a Hyatt spokesperson said, "criminal charges should be filed."

In the video, Erickson appeared to have an object in his hand. Attorney Benjamin Crump said Wednesday it's a collapsable metal baton that was used to beat Mitchell.

An MPD spokesperson confirmed on Thursday evening felony murder charges were referred to the DA's office against four people.

They said the charges were not referred Thursday, only that MPD has been collaborating with the DA's office since July 5.

It comes after the MPD said for more than a week this was not a criminal investigation.

The day after it happened, MPD said, "this is not a criminal investigation at this time." The next day MPD said, "as mentioned to you since the beginning, this is still not a criminal investigation at this time."

We asked again this week if it was a criminal investigation, and MPD said Thursday morning only that, "This case is being reviewed by the DA for potential criminal charges. Our investigation remains ongoing."

Hours later, MPD confirmed charges were referred.

Todd Erickson would not comment on the situation.

We did reach out to Erickson's attorney Thursday.

We asked a receptionist working at the office to pass along a message, and we also messaged the attorney directly. The attorney did not respond.