Wrongful Death Suit Filed Against Milwaukee Cop Facing Trial for Reckless Homicide for Killing Latino Man (Joel Acevedo) with Chokehold

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From [HERE] The family of Joel Acevedo is filing a lawsuit Friday in connection to the 25-year-old's death, and the Michael Mattioli trial is expected to begin in May.

The lawsuit specifically targets Mattioli, MPD Officer Robert Roach, and former Milwaukee Police Chief Alfonso Morales.

The wrongful death lawsuit was filed Friday, about one month before Mattioli's trial is scheduled to begin.

Mattioli is a former Milwaukee Police officer who is facing one count of first-degree reckless homicide. Prosecutors say Acevedo's homicide happened at a party at Mattioli's house in April 2020. Mattioli was off-duty when he and Acevedo allegedly got into an argument and Mattioli put Acevedo in a chokehold.

Acevedo later died.

The lawsuit claims Mattioli violated Acevedo's right to be free from the use of excessive force, Roach failed to intervene, and Morales carried out "unconstitutional policies, customs, and/or practices," which the lawsuit claims led to Acevedo's death.

Acevedo's family alleges Mattioli, Roach, and Morales acted with malice or reckless disregard to Acevedo's rights, specifically his Fourth and 14th Amendment rights.

His family says Acevedo endured almost five days of pain and suffering due to the actions of the plaintiffs and is accusing Mattioli of acting under the color of law.

Mattioli was off duty at the time, but according to the lawsuit, when he called for help he told the dispatcher he was a police officer and needed help. The lawsuit says, "his statement drew a reasonable inference to the dispatcher to send backup for Mattioli."

The lawsuit also states Mattioli identified himself as the officer when Roach responded to the home. Following that identification, the lawsuit states Roach deferred to Mattioli and waited 22 seconds while Mattioli restrained Acevedo.

After that time, Roach instructed Mattioli to get up so he could begin CPR. Mattioli allegedly placed Acevedo's hands behind his back in an attempt to arrest him, again acting under the color of the law.

The Acevedo family is accusing former Chief Morales of adopting de facto policies that utilized excessive force like the use of choking, neck restraints, and the use of deadly force.

The official claims/counts in the lawsuit are as follows:

  • Unconstitutional policy and custom

  • Deliberate indifference

  • Unlawful use of force by choking Joel Acevedo

  • Failure to act - Duty to intervene

  • Punitive damages

The family is asking for damages in excess of $15,000,000 to be determined by a jury. They're also asking for punitive damages in an amount to be determined by a jury, and they want the plaintiffs to pay for attorney fees and costs incurred by bringing this lawsuit.
The lawsuit comes after courts ruled body camera footage of the incident could be released. Mattioli had previously sued MPD to block the footage, but a court ruled “the requested records, including the body camera and dashboard camera footage, can be released in a manner so that disclosure would not interfere with Mr. Mattioli’s criminal trial.”

Mattioli resigned from the police department in September of 2021, after serving as an officer since 2009. His trial was set to begin in November 2022 but was pushed until May of this year. Three years since Joel's death.

The trial was pushed back after the state had a hard time getting a hold of a key witness: former Milwaukee County Medical Examiner, Dr. Brian Peterson.

TMJ4 News reached out to the Milwaukee Police Department for comment and will update this report with their response.