On September 3, 2025, the men charged in connection with the death of D’Vontaye Mitchell outside Milwaukee’s Hyatt Regency Hotel learned their fate. Despite felony murder charges and national outrage, none of the four defendants will serve additional prison time.
As a civil rights law firm, we believe it is important to examine what happened, what the law says, and what this outcome means for families and communities seeking justice.
What Happened to D’Vontaye Mitchell
On June 30, 2024, Mitchell, age 43, entered the Hyatt Regency Milwaukee in distress. Security staff and hotel employees restrained him, ultimately pinning him face-down on the concrete for nearly ten minutes. During that restraint, Mitchell stopped breathing.
The Milwaukee County Medical Examiner ruled the death a homicide, citing “restraint asphyxia” as the cause, with drug toxicity and other health conditions as contributing factors.
The Criminal Case
Prosecutors charged four men connected with the hotel:
- Todd Erickson (Security Guard): Pleaded guilty to felony murder. Sentenced to 4 years in prison, but the sentence was stayed. He will serve probation.
- Brandon Turner (Security Guard): Pleaded guilty to felony murder. Received a 1-year sentence, also stayed. He will serve probation.
- Herbert Williamson (Bellhop): Pleaded guilty to misdemeanor battery. Sentenced to 10 days in jail, credited as time served.
- Devin Johnson-Carson (Front Desk Staff): Pleaded guilty to misdemeanor battery. Sentenced to 4 days in jail, credited as time served.
The practical result: none of the four will serve further time in prison.
The Family’s Response
Mitchell’s family expressed deep disappointment at the sentencing, calling it a miscarriage of justice. Their frustration is echoed in the broader community, where advocates point to the case as another example of excessive force leading to a preventable death — with accountability falling short of the harm done.
Key Legal Issues
- Excessive Force
Was it necessary or lawful to hold a man face-down for nearly ten minutes? The homicide ruling underscores that the restraint itself caused death. - Private Security Standards
This case highlights the gap between public accountability for law enforcement and the standards applied to private security personnel who often face less scrutiny. - Civil Liability
Even with limited criminal penalties, civil litigation can provide another pathway for accountability. Wrongful death, negligence, and civil rights claims may still be pursued against those responsible and the corporations that employed them.
Why This Case Matters
The outcome raises pressing questions about how the justice system treats deaths in custody — particularly when the deceased is a Black man, when private actors are involved, and when drug use or health conditions are cited as contributing factors.
At The Sulton Law Firm, we believe every life deserves equal protection under the law. Accountability cannot end at probation when someone’s life was taken through restraint. Justice demands more.
Moving Forward
This case is not only about the sentencing of four individuals — it is about whether our system will hold powerful institutions accountable when those under their watch use excessive force. Civil rights litigation exists to give families another avenue to seek truth, responsibility, and change.
If you or a loved one has experienced harm at the hands of security personnel, law enforcement, or any institution in a position of authority, our firm is here to listen, guide, and fight for justice on your behalf.
