Windows of businesses and apartments were left shattered by rioters outraged that a Wauwatosa, Wisconsin, police officer would not be charged in connection to the death of a 17-year-old.
Milwaukee County District Attorney John Chisholm announced on Wednesday that Wauwatosa police Officer Joseph Mensah had an “objectively reasonable” belief that he needed to use deadly force during an arrest of Alvin Cole in February. Protests broke out almost immediately after the decision was announced. Some of those protests spun into riots.
The City of Wauwatosa, which borders Milwaukee, implemented a curfew at 7 p.m. to control the crowds. Still, many rioters remained in the streets after curfew. Videos from the evening show rioters hurling objects through windows of homes and stores. There was also footage captured by Townhall of a gas station being looted. Wauwatosa police formed a perimeter around city haul and deployed tear gas to clear the crowds around 11 p.m.
The BLM crowd marched towards a line of police officers in Wauwatosa and began to throw projectiles. Police fired tear gas and pepper balls in response. pic.twitter.com/VsHD0flYfX
— Julio Rosas (@Julio_Rosas11) October 8, 2020
At another stand off between police and BLM marchers, the crowd inched their way towards the cops, using a car as cover. Police used tear gas to disperse the crowd. pic.twitter.com/5lQDwfE1BB
— Julio Rosas (@Julio_Rosas11) October 8, 2020
The incident between Mensah and Cole took place on Feb. 2. Police were called to check on a disturbance outside a mall. When they arrived at the scene, officers found Cole armed with a stolen 9 mm pistol. Chisholm explained in his letter announcing the decision not to charge Mensah that Cole had fired his weapon before the officer returned fire.
“He was encountered by Wauwatosa Police officers in the parking lot of Mayfair Mall, ran from the police, discharged the firearm and was ordered to surrender the weapon,” Chisholm wrote. “He did not surrender the weapon and was fired upon by Officer Mensah causing his death.”
Chisholm called Cole’s death a tragedy, but he maintained there was “sufficient evidence” that Mensah believed he needed to use deadly force. Chisholm also released eight minutes of video footage of the incident.
“I do not believe that the State could disprove self-defense or defense of others in this case and therefore could not meet the burden required to charge Officer Mensah. With this I conclude my criminal review of the matter,” Chisholm wrote.
Kim Motley, an attorney for Cole’s family, condemned Chisholm’s conclusion in an interview with CNN. She also called for the Wauwatosa Police Department to fire Mensah, who has been involved in the shooting of two other people.
“We’ve always maintained that Officer Joseph Mensah should be held accountable for his actions, and unfortunately today, we disagree with Chisholm’s assessment of what he saw,” Motley said. “[Mensah] is still getting paid. He’s suspended with pay, and he needs to be removed as an officer immediately. We do not have to wait for a hearing. It can happen today, right now.”
An independent investigator hired by the Wauwatosa Police Department released a report on Wednesday that determined that Mensah was not fit for service. In the report, Steven Biskupic, a former U.S. attorney, said that there is a great risk that Mensah would be involved in a fourth shooting if he remained active with the department.
“The risk and ensuing consequences to the Wauwatosa Police Department and the City of Wauwatosa of a fourth shooting by this Officer are too great for this Commission to find otherwise,” Biskupic wrote.
Wisconsin was also rattled by riots in August in nearby Kenosha following the police shooting of Jacob Blake. Wauwatosa officials expect protests to continue throughout the weekend and have extended the curfew to take place each evening until Monday.
“It is very important to note that the City of Wauwatosa recognizes the importance of peaceful protests and their role in moving society forward. We must balance this with our charge to ensure that our community, lives, and property are protected,” the city said in a statement.

