- Associated Press - Monday, December 22, 2014

MILWAUKEE — A white Milwaukee police officer who was fired after he fatally shot a mentally ill black man in April won’t face criminal charges, the county’s top prosecutor said Monday.

Milwaukee County District Attorney John Chisholm said Christopher Manney won’t be charged because he shot Dontre Hamilton in self-defense. Manney is at least the third white police officer to not be charged in the past month after a confrontation that led to a black man’s death.

“This was a tragic incident for the Hamilton family and for the community,” Chisholm said in a statement. “But, based on all the evidence and analysis presented in this report, I come to the conclusion that Officer Manney’s use of force in this incident was justified self-defense and that defense cannot be reasonably overcome to establish a basis to charge Officer Manney with a crime.”

Attorneys for Manney and the Hamilton family did not immediately return messages seeking comment. Milwaukee police union president Michael Crivello said he would comment after a 10 a.m. news conference by the district attorney.

The executive director of the American Civil Liberties Union of Wisconsin, Chris Ahmuty, issued a statement saying the decision not to charge Manney left “a cloud of uncertainty over the circumstances of and the responsibility for Mr. Hamilton’s death.”

Manney shot 31-year-old Hamilton on April 30 after responding to a call for a welfare check on a man sleeping in a downtown park. Manney said Hamilton resisted when he tried to frisk him. The two exchanged punches before Hamilton got a hold of Manney’s baton and hit him on the neck with it, the former officer has said. Manney then opened fire, hitting Hamilton 14 times.

Several witnesses told police they saw Hamilton holding Manney’s baton “in an aggressive posture” before Manney shot him, according to Chisholm’s news release.

Hamilton’s family said he suffered from schizophrenia and had recently stopped taking his medication.

Police Chief Edward Flynn fired Manney in October. He said at the time that Manney correctly identified Hamilton as mentally ill, but ignored his training and department policy and treated him as a criminal by frisking him.

Hamilton’s death preceded the killings of Michael Brown in Ferguson, Missouri, and Eric Garner in New York City, but the case hasn’t attracted as much attention despite frequent, mostly peaceful protests. Hamilton’s family has used the protests to try to raise awareness about mental illness. Others said his death underlined race concerns, chanting “people of color are people, too,” and carrying signs that read “black lives matter.”

The Milwaukee Police Association condemned Manney’s firing as a political move, and members voted no confidence in Flynn soon after the firing.

Manney has appealed his firing and applied for disability, saying the shootings in Milwaukee and Ferguson have cost him sleep and made it difficult for him to think clearly. He also has said he suffers from post-traumatic stress disorder.

Milwaukee police announced in December they would accelerate training that equips officers for dealing with crises, including encounters with the mentally ill. Only about 20 percent of the force’s roughly 1,800 officers have had the training.

Associated Press writers Scott Bauer in Madison, Wisconsin, and Carrie Antlfinger in Milwaukee contributed to this report.

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