D'Vontaye Mitchell autopsy complete, according to family attorney

MILWAUKEE (CBS 58) -- D'Vontaye Mitchell's autopsy is complete, according to the Mitchell family's attorney.

The district attorney's office has long said it was waiting on those results before making a charging decision. Now Mitchell's family wants murder charges.

Mitchell died June 30 after he was restrained by Hyatt Regency employees outside the hotel. In the 32 days since, there have been no arrests or charges.

According to the attorney, the autopsy found the cause of death was homicide by asphyxiation. He said it also noted there were some narcotics in Mitchell's system, though that was not a contributing factor, according to the attorney.

A family member also confirmed the report is complete and the death was ruled a homicide.

On Thursday evening, Aug. 1, more than a dozen people marched outside Milwaukee County District Attorney John Chisholm's home.

Andre Mitchell, D'Vontaye Mitchell's cousin, told us, "The longer this has gone on, we've lost a sense of certainty things will go the right way."

Andre Mitchell said of the completed autopsy, "That's good news. It's movement in the right direction. So as long as it moves all the way to hopefully a conviction of murder, that's what we want."

Earlier Thursday, before the autopsy was finished, an official with the DA's office said the eventual results would help inform a charging decision.

Community activists have supported the family since the death, and again joined them in protest Thursday.

Brian Verdin, a member of the Milwaukee Alliance Against Racist & Political Repression, said, "We want murder charges."

Justin Blake, a political activist and uncle of Jacob Blake, said, "They're going to be charged with murder."

Andre Mitchell said the family is still struggling without D'Vontaye. But he said they're committed to seeing the case through, and turning up the pressure, if necessary.

"We just thought the video would be enough to help move this a lot faster. Unfortunately, it hasn't. So again, we want to maintain a heavy presence so that the focus is not lost, and this continues to move in the right direction for D'Vontaye."

The medical examiner has not yet responded to CBS 58's questions regarding the autopsy.

The family's attorney expects to have the report Friday morning.