Jonathan Safran, the attorney for the family of Jay Anderson Jr., said that he and the Anderson family were informed Monday, Dec. 5 by the Milwaukee County District Attorney's office that no charges will be filed against Wauwatosa Police Officer Joseph Mensah.
Mensah is the officer who shot and killed Jay Anderson Jr. June 23 near Madison Park.
A meeting at the Milwaukee County DA's office was held in the morning of Dec. 5 to present the decision. At the meeting were members of the City of Milwaukee Police Department, Safran, Milwaukee County District Attorney John Chisholm and Anderson's friends and family members. The family members were shown enhanced video of the shooting and were not told of the decision prior to the meeting.
The dashcam video from Mensah's squad shows Mensah shooting into Anderson's car six times, killing him while in the driver's seat. The investigative synopsis released by the Wauwatosa Police Department says that there was a gun in the front passenger seat and that Anderson was "lunging" for the weapon, prompting Mensah to shoot.
The investigative synopsis also says that prior to the shooting, Mensah repeatedly asked Anderson to keep his hands up and not reach for the weapon. The document further says that Anderson lowered his hands on at least four occasions prompting Mensah to command Anderson to keep his hands up. Safran said the family sees something different in the video.
"There is no evidence that Mr. Anderson lunged for, touched, raised or pointed any alleged handgun that may have been in the vehicle," Safran said.
The Milwaukee Police Department conducted the investigation at the direction of the Milwaukee County DA's office. Wauwatosa Police Chief Barry Weber said he thinks it is imperative that the right decision gets made in this or any case. He said he believes the evidence backs up the decision.
"In the video you see the subject's hands up," Weber said. "You see them drop a couple times and then back up."
Related coverage: Group held forum to discuss shooting
Related coverage: Store owners, police weigh in on protests
Related coverage: Social media story from the protest
Related coverage: Protesters call for justice, rally to Mayfair Mall
Safran said he has contacted the U.S. Attorney's office for the state of Wisconsin and asked them to commence a federal investigation into the shooting and said that the office agreed to do so. The U.S. Attorney's office could not immediately be reached for comment.
Mensah also was involved in the fatal shooting of Antonio Gonzales July 16, 2015 for which no charges were filed. According to the Wauwatosa PD Mensah is currently on administrative leave in accordance with policy.
Anderson's friends and family have previously said that they were not pleased with the manner in which the Anderson investigation was progressing and on Oct. 31 the family filed a notice of injury letter, a step toward filing a lawsuit, with the city of Wauwatosa and the Wauwatosa Police Department.
"That video shows that (Mensah) killed my son," said Anderson's mother Linda Anderson. "It's disgusting that he gets to walk the earth and my son is dead."
Safran publicly announced the charging decision at a news conference at his office Monday afternoon.