Fatal shooting third for Tosa officer
2015, 2016 killings deemed self defense
A Wauwatosa police officer who fatally shot a teenager police say was armed with a gun in February outside Mayfair mall has killed two other people in the line of duty.
An attorney for the family of Alvin Cole, who has reviewed some police reports and conducted an investigation on behalf of the teen’s relatives, said Joseph Mensah is the officer who shot
Cole.
“We know that Alvin Cole is the third person he has shot and killed,” said attorney Kimberley Motley, calling it “shocking.”
The two earlier shootings had been deemed justified self-defense. Prosecutors did not charge the officer, nor was he disciplined internally. The shooting of Cole remains under investigation, and Wauwatosa police have not released the name of the teen or the officer.
According to initial information provided by Wauwatosa police, Cole, 17, fired one shot with a stolen gun before an officer returned fire on Feb. 2.
Officers had been called to the mall by security that evening for a disturbance involving 10 people, one of whom reportedly had a gun, and officers recovered a 9 mm gun they said Cole had used, as well as an extended magazine the teen had in a fanny pack, police said. Cole’s family disputes that the teen fired a gun during the encounter.
Wauwatosa police released portions of a dashcam video from the incident, but not all of their patrol officers are equipped with body cameras, a policy decision the Cole family wants to change.
“I don’t think anyone will really 100% know what happened that day because of the lack of body cameras,” said Motley, the attorney.
Milwaukee police are leading the investigation into the shooting. The case
remains under review by the Milwaukee County District Attorney’s Office, which is expected to meet with the teen’s family in the coming week.
The Cole family held a rally Saturday at North 76th and West Burleigh streets, and then marched several miles to the mall. The crowd shouted the names of the two other individuals killed by Mensah: Jay Anderson Jr. and Antonio Gonzalez.
Alvin’s mother, Tracy Cole, said her son did not grow up in a broken home, but a broken system. His sister, Taleavia Cole, said their family is seeking truth and justice.
“We want Joseph Mensah fired from the Wauwatosa Police Department and not just justice for Alvin, but for Antonio Gonzalez and Jay Anderson Jr.,” she said.
Mensah was placed on administrative leave after the most recent shooting and returned March 2 to a light duty assignment, meaning he works inside the station and not directly with the public, said Capt. Brian Zalewski in an email.
An internal review of the most recent shooting will not begin until the district attorney’s office makes a charging decision and all related reports from prosecutors and Milwaukee police are provided to Tosa police, Zalewski said.
Earlier fatal shootings
The fatal shooting of Anderson in 2016 led to rallies and marches and a federal review of the case, but ultimately no criminal charges.
The incident unfolded in Madison Park around 3 a.m. June 23, 2016, when Mensah approached the parked car where Anderson was sleeping. Mensah said he saw a gun in the car and perceived Anderson to be reaching for it during their interaction.
Anderson’s family maintained that dashcam video showed Anderson, 25, was not “lunging” to grab a gun at the time of the shooting and raised questions about the scene investigation, saying Anderson’s gun had been moved before investigators photographed it. Anderson legally owned the gun.
After firing into Anderson’s car, Mensah remotely activated his squad’s dashboard camera. The camera automatically went back and recorded the prior 28 seconds, but that recording did not include audio.
In July 2015, Mensah, then 25, and another officer, Jeffrey Newman, shot and killed 29-yearold Antonio Gonzalez, who was wielding a sword and refused to drop it, according to police.
The officers had been sent to Gonzalez’s home after receiving a call from a landlord about an unruly tenant and the man came outside with a sword when officers arrived, police said. The landlord told reporters at the scene that Gonzalez had a history of mental illness.
Prosecutors determined the two officers acted in self-defense and Mensah returned to work Aug. 25, 2015. Wauwatosa Police Chief Barry Weber awarded him a Medal of Valor for his actions during that shooting.
Mensah worked for less than two years at both the Dane County Sheriff ’s Office and the University of WisconsinMadison Police Department before he was hired by Wauwatosa police in January 2015.
His Dane County file showed he entered a standard probationary agreement Feb. 22, 2012, and was appointed a deputy effective May 29, 2012.
Mensah was the subject of one citizen complaint while on the UWMadison police force, but his supervisors determined he had acted appropriately. A student said Mensah unnecessarily drew his Taser when officers responded to break up fights at a fraternity’s dance party, records show. Mensah did not fire the Taser.
The complaint was not upheld after other officers and witnesses described the chaotic scene and the student who filed the complaint did not return voice messages. The phone number eventually was disconnected.
Calls for body cameras in Tosa
Mensah’s history of lethal force deeply troubles the Cole family.
“There are some officers who never pull out their gun and he pulls out his gun three times and kills,” Taleavia Cole said.
Motley, who is representing the family with Milwaukee-based attorney Deja Vishny, said she wants to hear from other people who have had “bad interactions” with Mensah to determine if there’s a broader pattern of behavior.
Across the country, high-profile police misconduct cases have involved encounters between white officers and black citizens, but in this case, Mensah is African American.
“I think diversity is good within the police force to represent the population they’re policing but also frankly there needs to be significant reform in the way officers police in Milwaukee and Tosa,” Motley said.
Cole’s family continues to be frustrated by the lack of body cameras.
“To not have any cameras in either case,” Cole’s sister said. “You have had five or six years to get body cameras. I’m not understanding why they don’t want body cameras.”
Tosa police have cameras in all their squad cars and some body-worn cameras for motorcycle officers, said Zalewski, the police spokesman.
“Body cameras come with a large initial cost and ongoing expenses that are not within our current budget,” he said, adding estimated startup costs are between $400,000 and $500,000.
“We would support a body-worn camera program for our department, however, with the adequate funding and planning,” he said.
Wauwatosa Mayor Dennis McBride said he is supportive of body cameras and would sign off on paying for them if the Common Council approved such a measure and sent it on to him. The city, however, is facing a $1 million budget shortfall related to the coronavirus pandemic and it’s unclear where those funds would come from, he said.
Cole’s family also is pushing for a statewide civilian police accountability council to provide more outside oversight of local police departments.
“We don’t need other departments investigating other departments,” Taleavia Cole said.
Elliot Hughes of the Journal Sentinel staff contributed to this report.
Contact Ashley Luthern at ashley.luthern @jrn.com. Follow her on Twitter at @aluthern.
“... You have had five or six years to get body cameras. I’m not understanding why they don’t want body cameras.” Taleavia Cole Alvin Cole’s sister
“Body cameras come with a large initial cost and ongoing expenses that are not within our current budget.” Capt. Brian Zalewski