MILWAUKEE COUNTY

Man who died in Milwaukee police custody could have lived with treatment, expert says

Gina Barton
Milwaukee Journal Sentinel

Even if Milwaukee police officers thought Derek Williams was faking an inability to breathe in the moments before he died, they violated his civil rights by failing to get him medical help, according to documents filed Thursday in his family’s lawsuit against the city.

Had Williams received emergency treatment before he lost consciousness in the back of a squad car in 2011 “it is highly likely that he would not have died,” according to Trevonne Thompson, a physician who reviewed the case at the request of Williams’ family.

Derek Williams holds one of his daughters, Ta'Nijah Williams, who was 9 months old when this photo was taken. He died in Milwaukee police custody in 2011.

“Additionally, had Williams arrived at the emergency department alive, he would have most likely survived the emergency department visit,” according to Thompson’s report.

The document was filed in response to a motion by the city requesting the suit be thrown out. City attorneys contend it was “objectively reasonable” for more than half a dozen officers to disregard Williams’ pleas for help because they thought he was “playing games,” according to court records.

Williams, 22, first told officers he could not breathe shortly after his arrest, records show. Nearly eight minutes of his struggle to breathe were captured on police video.

The Milwaukee County medical examiner's office initially ruled the death natural, but changed its conclusion to homicide and an inquest was convened after the Journal Sentinel uncovered evidence that officers had used force during the arrest.

The inquest jury recommended state misdemeanor charges of failure to render aid to a prisoner against three officers: Jeffrey Cline, Richard Ticcioni and Jason Bleichwehl. Special Prosecutor John Franke went against that advice and declined to issue charges, saying there was "no reasonable likelihood" of convictions. However, Franke concluded officers were careless, used poor judgment and delayed getting Williams the medical help he needed.

Attorneys for the Williams family also fault the Police Department’s training at the time, which taught officers if someone was speaking, he could breathe.

In 2009, fire department first responders told police this was not accurate, and in 2010, arrestee James Perry died after saying he couldn’t breathe, according to the motion. The training was updated after Williams’ death.

The Williams case is being heard by J.P. Stadtmueller, the same federal judge presiding over the civil suit filed by the family of Dontre Hamilton.

RELATED: $2.3 million proposed settlement in Dontre Hamilton case moves forward

In a similar motion in that case, Stadtmueller ruled in favor of Hamilton’s family. After that, city attorneys recommended a settlement of $2.3 million.