Jay Anderson Jr.Photo: Facebook
A judge in Wisconsin has ruled that a police officer’s fatal 2016 shooting of a Black man in a parked car deserves a second look, and possible criminal charges, after a district attorney earlier declined to file charges.
“Based upon the totality of the circumstances, the court does find probable cause that Officer Joseph Mensah operated a weapon, in a matter constituting criminal negligence, and in so doing, caused the death of Jay Anderson Jr.,” Milwaukee County Circuit Judge Glenn Yamahiro said in court Wednesday, reports theMilwaukee Journal Sentinel.
The judge now will appoint a special prosecutor to decide whether Mensah, a former Wauwatosa officer who resigned and now works for the Waukesha County Sheriff’s Department, should be charged in Anderson’s death.
Anderson, a 25-year-old father, was sitting in his car in a park in the Milwaukee suburb where Mensah, who is also Black, was patrolling in his squad car for after-hours loitering violations, according to aninvestigative report about the incidentfrom Milwaukee police.
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As Mensah approached Anderson’s vehicle about 3:03 a.m. on June 23, 2016, the officer, having observed movement in the car from afar, allegedly believed the sole occupant was pretending to be asleep, according to the report.
Mensah said that after tapping on the car window and then engaging Anderson in conversation, he spotted a handgun on the front passenger seat next to Anderson.
Former Wauwatosa Police Officer Joseph Mensah.Wauwatosa Police Department
The investigators conclude in their report that Mensah drew his weapon and ordered Anderson to raise his hands, “but on at least four occasions Mr. Anderson started to lower his right arm while leaning toward the front passenger seat where the gun was located.”
Mensah repeated his commands for Anderson to keep his hands up when Anderson “suddenly lunged toward the gun with his right hand,” the report states.
Mensah, “fearing for his safety,” opened fire. An autopsy showed that Anderson, who was taken to a hospital and died, suffered five gunshot wounds to the head and one to the upper shoulder.
The shooting was recorded on video from the officer’s squad car.
The judge’s finding “confirms what they’ve fought for, for over five years, and they are even more emboldened to see this fight is seen through,” Motley said, reportsWisconsin Public Radio.
Anderson’s mother, Linda Anderson, said: “It’s been a long five years and I feel like I can breathe now. You know, it’s hurtful that he took my son’s life and we will never see him again, Jalen will never see her father again. And it’s gonna hurt for the rest of our lives.”
Ina statement after the judge’s ruling, current Wauwatosa Police Chief James MacGillis said: “Respecting the District Attorney’s in-depth investigation and His Honor’s decision, the legal process will continue moving forward and I want to thank them for their legal review of this incident.”
The Milwaukee County District Attorney’s Office did not respond to requests for comment. Mensah’s attorney also could not be reached for comment.
source: people.com
