D'Vontaye Mitchell's attorneys and family want action, say charges and arrests do not have to wait for autopsy results

MILWAUKEE (CBS 58) -- There are still no arrests or charges more than four weeks after D'Vontaye Mitchell was killed outside the Hyatt hotel after four people restrained him.

On Monday, July 29, attorneys representing Mitchell's family argued plenty of people are arrested and charged within 24 hours.

While in Milwaukee, civil rights attorney Benjamin Crump referenced Sonya Massey, the Illinois woman who was shot in the face by a sheriff's deputy. That deputy was arrested and charged within days.

The Milwaukee County DA's office is still waiting on medical test results before making a charging decision, 29 days after D'Vontaye Mitchell was killed.

Deasia Harmon, D'Vontaye Mitchell's wife, said Monday, "You know who did it, you know what they did, you seen it."

Harmon is among many family and friends growing more frustrated with every passing day. She said it's still hard explaining to their 8-year-old daughter what happened. "Why she can't call him, why she can't see him. Her birthday is in two weeks."

But supporters say it's also hard to explain why none of the people who restrained Mitchell are in custody or charged.

William Sulton, one of three attorneys representing D'Vontaye Mitchell's family, said, "I can understand, as a trial lawyer, wanting to have all your ducks in a row. But again, the video footage has lined all those ducks up for you."

Cellphone videos show four Hyatt employees restraining Mitchell June 30. Some family members and their attorney have seen surveillance videos that show the employees beating Mitchell.

But there's more evidence than just the video.

The four people involved were interviewed, so were witnesses.

We asked Milwaukee police for the body camera video of responding officers that would show them speaking with the Hyatt employees after Mitchell died.

But MPD would not provide it, saying the city's body camera release policy does not apply in this case because "that incident did not involve police using force that caused that individual's death."

Attorney Crump said, "And then they have statements. I mean, what else… We speculate what the delay is, and it doesn't make us feel good."

The attorneys said when decisions are delayed for victims who are minorities, it feels to them like there are two justice systems.

Sulton explained, "I'm telling you, that people are arrested and charged in 24 hours all the time," adding, "Do you know how many people in this courthouse over here are charged before video is reviewed by a district attorney? I would say most of them."

He said the test results are not necessary for charging. "If the standard is probable cause, we've met that standard. They need to make those arrests. They need to start holding people accountable."

Sulton said just Monday morning he was in court for a case that did not have test results yet, but, "You saw a person who was arrested, in jail, charged with a crime, and the DA's office acknowledged that they hadn't received toxicology."

The district attorney's office did not respond to questions Monday. In a statement sent two weeks ago, they said autopsy results are vital to determining criminal liability, and "We anticipate a swift decision in this matter upon the return of these findings."

But Crump said charging should not require test results. "They can still get tests and everything after they arrest people. There's nothing stopping them from doing that."

While they wait, Mitchell's family vows to use their grief to keep the pressure on.

Nayisha Mitchell, D'Vontaye Mitchell's sister, said, "We're going to keep making y'all uncomfortable, just like we uncomfortable."

Mitchell's family also revealed Vice President Harris reached out to them while she was in the area last week.

Mitchell's mother let us listen to the message. The Vice President said she is thinking of their family and hoping for justice.