D'Vontaye Mitchell's final manner of death determined to be homicide, ME's report says
MILWAUKEE (CBS 58) -- The Milwaukee County Medical Examiner's Office released the final cause of death of D'Vontaye Mitchell, the man who died after he was restrained by Hyatt Regency employees outside the hotel on June 30.
According to the report, Mitchell's final cause of death was asphyxia and toxic effects of cocaine and methamphetamine.
The final manner of his death was determined to be homicide.
"I think what the autopsy report confirms is what the family of D'Vontaye Mitchell has known for over the last month. That it was the coordinated effort of several Hyatt employees that resulted in the unlawful, unfortunate, and very tragic restraint of D'Vontaye Mitchell," Mitchell family Attorney B'Ivory LaMarr said.
"I think that when you hear D'Vontaye say that 'I can't breathe,' then you hear the security guard say, 'I don't give' an expletive, I think those are, that supports the intentionality and the knowing aspect of his actions. So, I think we would advocate for first-degree intentional."
While there were drugs in Mitchell's system, LaMarr said that is not what killed the 43-year-old.
"Whether you have a mental illness, whether you have drug abuse, there are centers for that. It doesn't mean that you should die at the hands of hotel staff," he said. "It's an unfortunate reality that individuals are dealing with drugs, they have different things that they are getting treatment for, but he didn't die the day before. He didn't die during any of those other days until he ran into the very aggressive, violent and vile, staff of the Hyatt, employees."
No arrests or charges have been made in connection with this case, but LaMarr said that in previous conversations with the Milwaukee County District Attorney's Office, there would be a review of the autopsy.
"They have communicated, however, that once the information from the medical examiner is released, they would spend time consulting with the medical examiner. They will definitely have a complete review and assessment of the actual cause of death, and once that investigation is complete, we can expect some level of charges to be administered at such time," LaMarr explained.
You can read the autopsy report here.