Wis. Police Custody Death Is Ruled a Homicide

Sept. 24, 2012
Milwaukee County medical examiner's office has revised its ruling on the death of a suspect in custody with Milwaukee police from natural to homicide prompting the mayor to ask for an investigation.

Sept. 24--Milwaukee Mayor Tom Barrett said Monday that he wants what he called a "concurrent investigation" by the Milwaukee County district attorney's office and the U.S. attorney's office into the death of Derek Williams, who died in police custody in July 2011.

Barrett said at a news conference that he had reached out to District Attorney John Chisholm and U.S. Attorney James Santelle. Barrett said he had not spoken to Santelle.

Barrett added that he had also spoken with Police Chief Edward Flynn, who he said indicated to him that the Milwaukee Police Department would cooperate fully with the concurrent investigations. Barrett indicated that Chisholm would conduct an inquest.

The Journal Sentinel reported Sunday that the Milwaukee County medical examiner's office has revised its ruling on the death of Williams from natural to homicide. The decision came after the Journal Sentinel alerted an assistant medical examiner to newly released records.

Barrett said he had seen the video of Williams, which he called "distressing."

"It is a very disturbing video," Barrett said.

Asked why he thought the U.S. attorney's office should investigate, Barrett alluded to what he called a "unique situation."

"Given the unique situation where you first had a medical examiner's report indicating that the gentleman died of natural causes, to have a change in that determination, it's important for me to have credibility for our police department, for our district attorney and all systems of government here. Given the way this incident has transpired, I think it's prudent to have the U.S. attorney come in with a fresh set of eyes," Barrett said.

The mayor said Chisholm and Flynn shared that belief.

Barrett said he believed the initial investigation into Williams' death was thorough. He said he spoke with Chisholm, who indicated to him that once the initial determination was made that Williams had died of natural causes, that ruled out criminal charges.

"With the change, that has led the district attorney to have an inquest, and that the chief was willing to re-examine. It's imperative to have the U.S. attorney part of this," Barrett said.

Barrett said it was at his insistence several years ago that police cars were equipped with video cameras. Asked if Flynn knew about the existence of the video, Barrett said he did.

"But keep in mind, we had a situation where the medical examiner made a determination. You are free to speak to the chief," Barrett said.

City officials indicated that both Chisholm and Flynn are expected to hold a news conference later Monday afternoon.

Copyright 2012 - Milwaukee Journal Sentinel

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