MILWAUKEE COUNTY

Federal officials won't prosecute Wauwatosa officer

Jesse Garza
Milwaukee Journal Sentinel

The U.S. Department of Justice will not prosecute a Wauwatosa police officer for fatally shooting a Milwaukee man at a park in June, the attorney for the man's family announced Monday.

Police Officer Joseph Mensah will not be charged in the death of Jay Anderson Jr., 25, attorney Jonathan Safran said.

According to Wauwatosa police, Anderson was sleeping in his car about 3 a.m. June 23 in a parking lot at Madison Park when he was approached by Mensah, who woke him up and shot him after Anderson reached for a gun that was on the front seat.

Anderson’s family, however, contends that dash cam video shows Anderson, whose hands were raised, slumping forward and lowering his arms as if sleeping or passing out before Mensah shot him multiple times.

An investigation by the Milwaukee Police Department cleared Mensah of any wrongdoing, prompting Anderson's family to seek federal charges against him.

A letter to Safran from U.S. Attorney Gregory Jay Haanstad said federal investigators concluded there is "no reasonable likelihood" that a federal charge against Mensah could be proven beyond a shadow of a doubt.

A statement from Safran on Monday indicated that Anderson's family may file a federal civil rights lawsuit in connection with his death.