Tracy Cole, the mother of Alvin Cole, surrounded by her family. (Photo by Isiah Holmes)
A federal civil trial into the killing of 17-year-old Alvin Cole by then-Wauwatosa officer Joseph Mensah five years ago began on Monday, bringing Cole’s family, Mensah, a cast of current and former Wauwatosa officers, and other witnesses into the U.S. district court building in Milwaukee. The lawsuit accuses Mensah of using excessive force when he fired five shots at Cole in 2020, killing him after a foot chase in a darkened mall parking lot.
During opening statements, attorney Kimberly Motley said police officers receive extensive training in use of force under Wisconsin’s Defense and Arrest Tactics (DAAT) standards. Motley said that when officers fire their weapons they must “articulate each shot” and that Mensah “did not exercise restraint” when he shot Cole. Cole’s case was Mensah’s third shooting over a five year period, although attorneys agreed to not bring up that fact during the trial. “We believe that Joseph Mensah did not have the right to shoot and kill Alvin Cole,” said Motley.
The mostly white jury of seven women and one man listened intently to statements from both Motley and attorney Joseph Wirth who represents Mensah. They recounted the events of Feb. 2 2020, a Super Bowl Sunday, when Cole and a group of his friends got into a verbal altercation with another group of boys at the Mayfair mall. Police were called and the boys fled. Officers later testified that a single gun shot was heard as the police were chasing Cole, though they did not see who fired the gun. While Cole was on his hands and knees, surrounded by officers, Mensah fired five shots, later claiming that Cole pointed a gun at him. Wirth said footchases are dangerous and unpredictable and stressed that the events leading up to the shooting took place over less time than it took the attorney to introduce himself to the jury. He appealed to the jurors saying they could be sympathetic to the Cole family, while also ruling that Mensah’s use of force was reasonable. “Put yourself in the officer’s shoes,” Wirth told the jury.
Motley said that Cole accidentally shot himself in the forearm before he fell, breaking his arm in the process. The broken arm would have made it hard for him to aim his gun at Mensah, as Mensah claimed, Motley said. Also, an officer who was closer to Cole than Mensah said that Cole hadn’t moved at all before Mensah fired.
That officer, David Shamsi, who’s now an FBI agent, was called as a witness on Monday. Another officer, Evan Olson, who said the gun was pointed in a completely different direction than Mensah claims, is also expected to testify later in the week. The contradictory statements from officers Mensah, Olson, and Shamsi persuaded U.S. District Judge Lynn Adelman that the lawsuit should go to trial.
On Monday, Alvin’s father, Albert Cole, recalled dropping his son off with his friends the last time he would see him. After Alvin died, Albert became “anti-social,” he testified, Crying on the witness stand, he said Alvin’s death left a hole in his life and that of Tracy Cole, his wife of over 30 years. “That hurt was inside me,” he said.
Shamsi testified that he was “tunnel visioned” on Cole’s gun, which he said remained on the ground and didn’t move after Cole fell to his hands and knees in the dark parking lot. Shamsi hadn’t considered whether Cole was wounded and, in fact, was prepared to fire his own weapon if the boy moved again. “I did not see him point a gun at me,” said Shamsi.
During questioning, attorneys noted that Shamsi changed his story when he was re-interviewed about the shooting months after it occurred. It was during that interview that Shamsi said that he saw Cole’s arm extended towards officers. When he was deposed for the civil lawsuit and then on the stand Monday, Shamsi reverted to his original statements that he did not see Cole move after he was on the ground.
Cole family attorney Nate Cade told Wisconsin Examiner that he suspects Shamsi changed his story after meeting with Mensah’s attorneys, because “no one wants to turn around and say that a fellow officer did something wrong.” He said Shamsi’s testimony that the gun never moved “is the most damning thing.” Cole’s shooting was initially investigated by the Milwaukee Area Investigative Team (MAIT), before the Milwaukee County district attorney decided Mensah wouldn’t be charged for killing Cole in 2020. A recent investigation by Wisconsin Examiner in partnership with Type Investigations found a pattern of MAIT policies protecting officers and contradictory statements left unchallenged.
Cade said “the district attorney looked the other way” and that there were things that investigators “should have done” but neglected, such as measuring the distance between Cole’s body and bullet casings. “There are no measurements,” said Cade. “None of the officers identified exactly where they were standing.”
Attorneys also called a civilian witness who’d seen Cole’s group running from police and witnessed the shooting. The witness said that he did not see Cole running with anything in his hands, suggesting that he had not turned his body to point a gun at officers as he ran. Wauwatosa officer Dexter Schleis agreed with Cade that deadly force is allowed if an armed person turns towards an officer, he would not answer directly when asked if deadly force is appropriate when an armed person has their back to an officer, is on the ground and isn’t moving. Schleis repeatedly asked for the question to be repeated, that he didn’t understand, or couldn’t say whether the shooting complied with police protocol.
GET THE MORNING HEADLINES.