Federal trial in fatal police shooting of teen ends in hung jury

Attorneys Nate Cade (far left) and Kimberley Motley (center) stand with the mother of Alvin Cole, Tracy (far right), and other members of Cole’s family. (Photo by Isiah Holmes/Wisconsin Examiner)

A civil trial in Milwaukee’s federal courthouse over the fatal shooting of 17-year-old Alvin Cole by former Wauwatosa police officer Joseph Mensah ended in a hung jury on Thursday. After four days of hearing testimony and evidence, the eight-member jury was unable to come to a unanimous decision about whether Mensah used excessive and unreasonable force when he shot Cole on Feb. 2, 2020. 

A new trial has been set for September of this year, with pretrial preparations expected in August. The day began with closing arguments from attorney Nate Cade, who told the mostly white jury of seven women and one man to “remember who’s involved.” Cade showed a picture of Cole to the jury, saying, “He’s a kid, just a kid.”

Cade recounted the four days of testimony, starting with Cole’s father, Albert, who said he will be haunted by the memory of dropping off his son, the last time he saw him, “for the rest of his life.” Cade pointed to conflicting testimony about the shooting among the police officers who were there, and emphasized the testimony of David Shamsi, a combat veteran and FBI agent, who said Cole did not move or point a gun at Mensah before he fired.  

Another officer, Jeffrey Johnson, also testified that he did not see a weapon pointed at Mensah at the time of the shooting, and that Cole was on his hands and knees. Cade said that if Mensah had “paused a moment, Alvin Cole would still be alive.”

Plaintiffs’ attorneys also reminded the jury that after the shooting, Evan Olson, Mensah’s friend on the force, went off with Mensah in a squad car where they had an unrecorded conversation, in violation of polices stating officers should be kept separate after a shooting to avoid statement contamination. 

Cade stressed to the jury that in order for Mensah to be right, “everybody else has to be wrong,” and that Mensah had never apologized on the stand for the shooting.

Attorney Joseph Wirth, representing Mensah, said that night consisted of split second decisions. “Alvin Cole made catastrophically bad decisions,” said Wirth, arguing that Cole brought a gun to the mall, got into a fight, fled from and fired upon police, and then tried to fire again before Mensah killed him. “You can’t bring 20-20 hindsight,” said Wirth, urging the jurors to put themselves in Mensah’s shoes that night. Wirth refuted plaintiffs’ attorneys who said Mensah was bored in his own sector, and wanted some action. Wirth stressed that when an officer perceives danger, he has a duty to act and “it is not necessary [to prove] if this danger actually existed.” 

Wirth argued that Shamsi, who said the gun didn’t move at all, was still prepared to shoot Cole, and that the teen never stopped running, or indicated he wanted to surrender. 

Wirth also said that Cole pointed a gun both at Mensah and Olson, suggesting that the two officers are not contradicting each other. Plaintiffs’ attorneys asked for $22 million in damages, which Wirth called outrageous. 

The jury went into deliberations shortly after noon, and returned around 4:30 p.m. saying they were  unable to come to a decision. They were told by the judge to go back into deliberations until 5 p.m. When they were called back, they had still been unable to reach a unanimous decision. Judge Lynn Adelman said one main issue was the quality of squad car videos. The jury was excused, and a new trial was set for Sept. 8, at 9 a.m.

The day ends with armed marshals, and words from the family 

At the end of the day as the jury returned, at least five U.S. marshals, several of them armed, entered the court room. The arrival of the armed marshals caused a stir  in the courtroom from the gallery to the plaintiffs’ bench and attracted the attention of  Judge Adelman himself. “I don’t want marshals here,” Adelman said. It’s unclear why the marshals were there, but attorney Cade told media and the judge that it was inappropriate, and could send the wrong message to a jury. “People get screened coming into this courthouse,” said Cade. “The family has not shown out…They have not done anything dangerous, they have not made any threats.” 

Tracy Cole, Alvin’s mother, said she was satisfied with the presentation of her family’s case. “I can’t complain,” she said, “they showed the evidence, everything on the table. We ain’t gave up, we’re not going to give up.” Undiscouraged by the hung jury she said, “it just make us fight more.” Cole did say that she was hurt when she wasn’t allowed to testify during the trial. “I thought that if I would’ve spoke on it, I thought it will let some of the relief off of me, but now it haven’t because I still have that pain inside,” said Cole. “It hurts, but I’m dealing with it.”