Not guilty: jury finds former Milwaukee Police Officer Michael Mattioli not guilty in death of Joel Acevedo
Updated: 9:30 p.m. on Nov. 10, 2023
MILWAUKEE (CBS 58) -- A jury found former Milwaukee Police Officer Michael Mattioli not guilty in the death of Joel Acevedo Friday, Nov. 10.
The fate of 36-year-old Mattioli, who was charged with a felony count of First-Degree Reckless Homicide and could've faced up to 60 years in prison, was ultimately left up to 12 jurors who deliberated for about five hours.
After two days of full testimony from a total of 13 witnesses and a day after Michael Mattioli testified in his own defense, attorneys made their closing arguments early Friday morning.
This charge required proof that Mattioli's conduct showed utter disregard for human life.
The Milwaukee County Assistant District Attorney Paul Tiffin argued Mattioli's actions were a substantial factor in Acevedo's death, holding Acevedo in a prolonged chokehold at a house party in April 2020.
Mattioli said Acevedo stole from him and then punched his friend. He said that was the reason as to why he had detained Acevedo for as long as he did until police arrived.
"His words were, when told he's (Acevedo) in bad shape, Mr. Mattioli said, 'I don't give a F*** what shape he's in' That's an acknowledgement you don't care, you have no regard for the life of the person you just restrained," said Attorney Tiffin to the jury.
Mattioli's Attorney Michael Hart however, said this entire trial could have been avoided had Acevedo's 'aggressive behavior' not happened.
"He didn't ask for any of this," said Attorney Hart. "Mr. Mattioli didn't attack Mr. Acevedo until Mr. Acevedo attacked Mr. Mattioli and Mr. Peters."
After the verdict, we heard from the Acevedo family held a press conference outside of the Milwaukee County Courthouse. Joel Acevedo's parents said they do not feel like justice was served and the fight is not over.
"What was the jury listening to?" asked Jose Acevedo, Joel's father. "The facts were there, they came to their decision, and I totally disagree with it; Joel was never the aggressor, I don't know why that never came out in court, if anything, he was being attacked by three individuals, they’re so-called Mattioli's friends that they used as witnesses. So, you tell me how fair is that for my son?"
A note had been handed to the judge just two hours prior to the judge announcing the verdict. It appeared the jury was deadlocked, but deliberations continued after the judge went over some jury instructions again.
The judge read what was known as 'Instruction 520', which basically states that jurors will not be made to agree nor are they going to be kept out until they agree. There was a slight possibility that if not verdict was reached Friday, another jury would be selected, and another trial would begin.
Mattioli and his family were seen crying after he was found not guilty.
After the trial was over, community groups gathered late Friday beneath a mural of Acevedo to decry what they say is a miscarriage of justice.
Alan Chavoya is a member of the Milwaukee Alliance Against Racist & Political Repression. He said, "When people tell us to trust the system, that the system will work, we get results like the one we got today."
Some of those gathered had loved who previously died while in police custody.
Cecil Lacy's brother died while in police custody in 1981. With tears streaming down his face, he said, "I'm hurt right now because it's not just my pain, but it's the pain of years and years and years. We just don't get the justice we deserve."
The Acevedo family and their lawyer said they will pursue legal action in federal court.
This is a developing story. Stick with CBS 58 for updates on-air and online.
Published: 11:11 a.m. on Nov. 10, 2023
MILWAUKEE (CBS 58) -- The fate of a former Milwaukee police officer charged in a chokehold death is now in the hands of a jury.
A day after Michael Mattioli testified in his own defense, attorneys made their closing arguments.
The judge started by reading the jury instructions to all the jurors, followed by closing arguments.
This, after two days full of testimony from a total of 13 witnesses.
Michael Mattioli faces one charge of first-degree reckless homicide for the death of 25-year-old Joel Acevedo. This charge requires proof that Mattioli's conduct showed utter disregard for human life.
"His words were, when told he's in bad shape, Mr. Mattioli said, 'I don't give a (explicit) what shape he's in.' That's an acknowledgement you don't care, you have no regard for the life of the person you just restrained," said Assistant District Attorney Paul Tiffin.
"He didn't ask for any of this," said Michael Hart, Mattioli's attorney. "Mr. Mattioli didn't attack Mr. Acevedo until Mr. Acevedo attacked Mr. Mattioli and Mr. Peters."
The jury was left to deliberate, and we expect a verdict will be reached later Friday afternoon.
If found guilty, Mattioli could face up to 60 years in prison.