Settlement reached between Hyatt Hotel and D'Vontaye Mitchell's family; jury trial to take place

MILWAUKEE (CBS 58) -- A settlement has been reached in the D'Vontaye Mitchell case and a criminal trial is in the works. 

He was the man who died outside Hyatt Hotel in downtown Milwaukee in June. 

The attorney for Mitchell's family, Ben Crump, made the announcement Monday afternoon, Aug. 19, calling the settlement amicable. 

The terms of the agreement wont' be released, but Crump says both Mitchell's family and Hyatt are pleased this was resolved outside of the court.

The men charged criminally in the case -- Todd Erickson, Devin Johnson-Carson, Brandon Turner and Herbert Williamson -- were in court on Monday for a preliminary hearing with their attorneys. 

Milwaukee County Court Commissioner Rosa Barillas determined there was probable cause for felony murder for the four men involved in restraining Mitchell outside of the Hyatt in Milwaukee on June 30. 

It was an emotional day in court for Mitchell's loved ones. Family members wiped away tears and applauded as they heard the decision they've demanded for weeks. 

A detective with the Milwaukee Police Department described what he saw in surveillance video at the Hyatt. He says Mitchell entered the hotel and ran across the lobby, going from the gift shop to the women's bathroom. One of the men, identified as Todd Erickson, went in and pulled Mitchell out of the room. 

“At some point Erickson yells out something to the effect of, ‘this is what happens when you go into the ladies' room,'" said Martin Saavedra, a Milwaukee Police Department detective.  

Saavedra said he two men struggled physically with other after that. At one point, Turner punched Mitchell in the head area several times. Another worker in the video is seen hitting Mitchell in the legs with a broom. 

"You can hear the deceased saying several times apologizing saying I’m sorry and something to the effect of, 'let me go, please let me go,'” said Detective Saavedra. 

The immediate cause of death was "restraint asphyxia and toxic effects of cocaine and methamphetamine." Decker said that a combination of Mitchell's weight, drugs present in his system and the restraint played a role in his death. 

"The position of the restraint in a prone position was significant in the fact that he was morbidly obese and that would have impaired his breathing," said Lauren Decker, a forensic pathologist for the Milwaukee County Medical Examiner's Office.

Attorneys defending the four men tried to point out those varying factors, aiming to dismiss the case, but the court commissioner said there's enough to take this to the next step in the legal process. 

“I don’t know that they had a legal basis at this point in time to continue to hold Mr. Mitchell on the ground," said Barillas.

Although all four men in court appeared together on Monday morning but that does not mean all four will appear together during a jury trial. 

There's an arraignment hearing scheduled for Thursday, Aug. 22.