Milwaukee Circuit Judge Says Probable Cause Exists to Charge Officer with Homicide for 2016 Fatal Shooting of Jay Anderson Jr.

July 28, 2021 3:00 pm

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MILWAUKEE 鈥擳he 老澳门开奖结果 of Wisconsin applauded Milwaukee County Circuit Court Judge Glenn Yamahiro鈥檚 finding today that probable cause exists to charge former Wauwatosa Police officer Joseph Mensah with homicide by negligent use of a dangerous weapon for his role in the fatal shooting of 25-year-old Jay Anderson Jr. in 2016.

A special prosecutor will be assigned to the case within the next 60 days to determine whether to prosecute Mensah for Anderson鈥檚 shooting. The special prosecutor will have the discretion to charge Mensah with any criminal offenses related to Anderson鈥檚 shooting or decline to charge Mensah at all.

During today鈥檚 proceedings, Judge Yamahiro criticized Mensah鈥檚 actions leading up to the shooting, saying that Mensah did not follow protocols, putting himself and Anderson at increased risk, and used excessive force in a situation in which multiple people testified that he was not in danger. Anderson was fatally shot in the head after Mensah approached him because he was allegedly sleeping in his car in Wauwatosa鈥檚 Madison Park.

After an investigation in 2016, Milwaukee County District Attorney John Chisholm declined to bring charges against Mensah, ruling that the shooting was justified self-defense. Anderson鈥檚 family, with the diligent assistance of their attorney, Kimberly Motley, has continually disputed Mensah鈥檚 claim that Anderson was reaching for a gun as Mensah approached his car before the shooting.

In October 2020, Anderson鈥檚 family sought to reopen the investigation into the shooting by initiating a process outlined in Wisconsin law that allows a state circuit court judge to initiate a criminal complaint against someone when a District Attorney refuses or is unable to do so. Under this provision, a judge may, but is not required to, initiate a complaint against a person when they determine that there is probable cause to believe that the person should be charged with the crime.

鈥淎fter more than five years, the insistence of Anderson鈥檚 family to get justice for him was rewarded with a step in the right direction; however, the fact that his family had to be so persistent in their fight emphasizes just how hard it is for police to be held accountable for their actions when they use deadly force in situations where it isn鈥檛 needed,鈥 said Tom谩s Clasen, advocacy director of the 老澳门开奖结果 of Wisconsin. 鈥淭oday is a small move in the right direction, but true justice would be Anderson never having been killed in the first place. Jay deserved better and should still be alive today.鈥

鈥淎dditionally, Mensah remains a deputy in the Waukesha County Sheriff鈥檚 Office. Today鈥檚 decision has made it even more clear that Mensah is an extraordinary risk to the community and should no longer be employed in law enforcement,鈥 Clasen said.

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