Milwaukee police officer charged with homicide of off-duty security guard
MILWAUKEE WI May 15 2020
Prosecutors on Wednesday charged an off-duty Milwaukee police officer with reckless homicide after the officer admitted using a choke hold on a man at the officer’s home last month.
Michael Mattioli is facing one count of first-degree reckless homicide, according to a criminal complaint.
Officers responded to a 911 call to Mattioli’s home about 7:30 a.m. on April 19, the complaint said.
The initial call was for a man that had attacked two people, prosecutors wrote.
When officers arrived, the complaint added, a man told police Joel Acevedo was being subdued inside Mattioli’s home.
An officer said he saw Mattioli, 32, straddling Acevedo, who was on his stomach, but not struggling or talking.
The complaint said officers saw using a choke hold on Acevedo.
“Mattioli’s left arm is parallel with the left side of Acevedo’s head and neck, and Mattioli’s left hand is holding Acevedo’s head and Acevedo’s face is down,” the complaint said the officer observed.
When asked if Acevedo was breathing, prosecutors said Mattioli replied, “I don’t know.”
“Mattioli then pulls his right arm out from underneath the neck area of Acevedo, releasing Acevedo and Acevedo’s head rolls to the side. Acevedo showed no signs of movement and his eyes were closed,” prosecutors wrote in the complaint.
The officer checked Acevedo and found he did not have a pulse, according to the complaint.
The complaint said Mattioli told the officer Acevedo was fighting someone else in his house and he subdued him while another man called 911.
“I had him around his neck, but I didn’t squeeze as hard as I could because I know, I’m not stupid. I know what it is, you know … I know what’s deadly force and what’s not, but I held him there to make sure he didn’t get away … until the … you guys showed up … look, I wasn’t holding him to make his air cut off you know I’m not stupid,” Mattioli told police, according to prosecutors who reviewed the responding officers’ body camera video.
According to the complaint, Mattioli told an investigator he went to sleep and awoke to Acevedo going through the pockets of the pants he was wearing, the complaint said.
When confronted, the complaint said Acevedo punched another person who was in the home, before using the choke hold on Acevedo.
“I didn’t suffocate the guy. I had my arms around his neck yes, and I held him there but I didn’t suffocate the guy, I didn’t press hard enough,” Mattioli told investigators.
A paramedic told investigators they were able to perform CPR and restore Acevedo’s pulse.
He was taken to St. Luke’s Hospital in critical condition. Acevedo died six days later.
An autopsy determined he died from asphyxia and his death was ruled a homicide.
Neighbors said Mattioli was having a party when the fight happened, despite Wisconsin’s stay-at-home order.
Mattioli’s attorney said his client broke no laws.
“Mr. Acevedo was an invited guest into Officer Mattioli’s home. When he was later caught stealing, he reacted by physically assaulting another guest. Officer Mattioli was the one who called 911,” Attorney Michael F. Hart said, “Officer Mattioli has the same right as anybody else to defend himself and others, particularly in his own home.”
Mattioli, a 13-year veteran on the force who is on full suspension, faces up to 60 years in prison if convicted.
“Joel was a young man full of life whose laugh was contagious. Joel had a smile that would light up a room and a positive energy that would attract others to him. He always saw the best in people and loved everyone with his whole heart. He was funny and witty and loved by all,” Acevedo’s family said in an emailed statement.
“Joel worked as a security guard and aspired to a career in law enforcement. That is why he was friends with so many police officers. It is especially difficult for our family knowing that an officer was involved in taking his life,” the statement read. “While Joel will never be able to tell us what happened. Given the unique circumstances of this case, we look forward to an investigation and prosecution that is open and transparent, and that will ensure justice is served,” the family added.
His family said he was an organ donor and someone is currently living with Acevedo’s heart.
