'We didn't get justice': D'Vontaye Mitchell's widow sits down in CBS 58 exclusive as men charged get no jail time

MILWAUKEE (CBS 58) -- On Wednesday, Sep. 4, four men were sentenced for their roles in the death of D'Vontaye Mitchell outside Milwaukee's Hyatt Hotel. But because of stays by the judge and time already served, none of the men will spend any additional time in jail.
Mitchell's family was outraged by the sentences, saying afterwards that they felt the deaths were "swept under the rug," according to Mitchell's sister, Nayisha. Mitchell's wife, Deasia Harmon, sat down exclusively with CBS 58 to express her feelings toward the sentencing and tell us how she'll remember her late husband.
Deasia Harmon has been with D'Vontaye Mitchell nearly half her life, since she was 16 years old. Now, she is taking care of her four kids alone, trying to explain to them why their dad is dead and why the men involved get to walk out free.
"I'm mad as hell. Honestly. I’m pissed. Because it’s just like, they got away with murder," she shared.
The four men who had a hand in D'Vontaye Mitchell's death, restraining him face-down until he died from asphyxia on June 30, 2024, all received no jail time on their sentencing Sept. 3. Brandon Turner, for felony murder, was sentenced to one year in prison and one year of probation -- his sentence was stayed. Herbert Williamson, for his misdemeanor battery charge, was sentenced to 10 days, which he has already served. Devin Johnson-Carson, the youngest man involved, was also charged with misdemeanor battery and sentenced to four days behind bars, which he has already served. He was the only one to have been expunged, as the judge said he had "an impressive amount" of character letters written in his favor. Meanwhile, Todd Erickson, who had been described as the one giving orders to the other men, was sentenced to two years and also had his sentence stayed.
"I would change everything but understand that I can’t, and I understand the consequences of my actions. To the Mitchell family, I am deeply sorry, and I pray that one day you can find some peace, and in time, forgiveness," said Erickson in court. Turner, in his sentencing said, "This could’ve been easily avoided. I never intended for none of this to happen."
As the men apologized, Harmon, Mitchell's widow, sat in the courtroom watching the men who each had a hand in her husband's death walk out free. "Their apology means nothing. It's not going to bring him back. You want to apologize now but you shouldn’t have done it to begin with."
Harmon is left to raise her four kids, between 2 and 10 years old. She says they're now scared of security guards. "They’re like, ‘Are they the security guards that killed my dad? ‘With everything that happened yesterday, they’re like, ‘So those people aren’t gonna go to jail?’ No. They ask questions, I don't know what to say. I can’t tell you why. It’s hurtful."
While she accepts the judge's decision, she doesn't think it's right, asking, "How is that justice? That’s not. That’s not even reasonable. It doesn’t make any sense to me." She went on to say, "I'm so mad. We didn't get justice for him yesterday. At all. And that is really, really hurtful. I’m hurting, the kids are hurting, I’d hate to know how his side of the family feels... I know that they’re upset. This is just a lot to take in. We’ve been fighting this for a year, just to end up with nothing."
Harmon now looks to remember Mitchell in life, and not by the tragedy. She said they had been excited about building their life together in a home with a picket fence and children. But now, "there’s no him. It’s empty. It’s just, I don’t - I can’t even begin to describe how it feels... He was mine, you know? And I don’t even know what to do now that he’s gone."
The defense on Wednesday brought up that Mitchell's toxicology report showed he had methamphetamine and cocaine in his system. Harmon and her lawyer, William Sultan, dispute that toxicology report, saying he did have drugs in his system, but that was from long before the day he died. Harmon says she can attest to the fact he was not under the influence, as can several other people she says were with him that morning. Mitchell was reportedly in treatment, as Harmon said, "He was getting help. they took him before he had the chance to get better."
Harmon says they recently moved to a new area and school district, looking for a fresh start. Now, they want to heal and remember Mitchell for the fun, loving, family man he was.