Closing arguments presented in proceeding for Jay Anderson Jr. shooting involving former Wauwatosa Officer Joseph Mensah
MILWAUKEE (CBS 58) -- A Milwaukee County judge heard closing arguments Wednesday, May 19, regarding the shooting death of Jay Anderson Jr. by former Wauwatosa Police Officer Joseph Mensah.
The hearing was part of a John Doe proceeding, which has allowed Attorney Kim Motley to present evidence to a judge to determine if a crime has been committed and if a complaint should be filed. The Milwaukee County District Attorney's Office declined to file charges against Mensah at the time.
"We believe that there is probable cause to charge Joseph Mensah with second degree reckless homicide. We believe there is probable cause to charge Joseph Mensah with homicide by negligent handling of a dangerous weapon," said Attorney Kim Motley.
"Jay Anderson was sleeping, he was woken up by Mensah. He did not pose a threat to Mensah," Motley said.
Mensah, who now works as a Waukesha County deputy, shot and killed Jay Anderson Jr. on June 23, 2016 at Madison Park.
The report at the time from the Milwaukee Police Department, as part of the Milwaukee Area Investigative Team, stated Mensah went to the park for after-hour loitering violations. The report says he approached Anderson's car and saw a gun in the passenger seat. It goes on to say Anderson lunged toward the gun. The autopsy revealed Anderson was shot five times in the head and once in the upper right shoulder.
"We know that with bullet wounds that were on the top of Jay Anderson’s head, above his ear, again Dr. Tlomak said right to left, with no upward/downward deviation, again, that’s inconsistent with lunging," Motley said.
Mensah has shot and killed three people while on duty. The district attorney's office did not charge him for any of those shootings.
Attorneys representing Mensah did not speak at Wednesday's hearing. CBS 58 reached out to the attorneys, but did not hear back.
A decision date is set for June 25.