Former Wauwatosa Police Officer Joseph Mensah will not face charges in fatal 2016 Jay Anderson Jr. shooting

Nearly six years after Jay Anderson Jr. was fatally shot inside his car, two special prosecutors announced Wednesday they would not charge former Wauwatosa Police Officer Joseph Mensah with the shooting.

Their decision came after Milwaukee County Circuit Judge Glenn Yamahiro announced in July 2021 that he had found probable cause that Mensah committed homicide by negligent handling of a dangerous weapon in the shooting.

Yamahiro picked Milwaukee-based attorney Scott Hansen and La Crosse County District Attorney Tim Gruenke to review the shooting, but the prosecutors said Wednesday they didn’t believe there was enough evidence to charge Mensah with a crime.

In a report, Hansen and Gruenke wrote they didn’t believe a jury would rule that Mensah didn’t act in self-defense during the shooting, relying heavily on the video from Mensah’s squad car.

“We cannot prove beyond reasonable doubt that Mensah’s fear that Anderson was about to shoot him was unreasonable. Nor can we prove beyond a reasonable doubt that Mensah’s use of deadly force to save himself from death or great bodily harm was unreasonable,” the report said.

After the decision was announced, Kimberley Motley, the attorney for the Anderson family, asked Yamahiro to appoint new special prosecutors, as she didn’t believe the special prosecutors had the right to override Yamahiro’s earlier decision.

“We believe that there are still a lot of unanswered questions,” Motley said.

Jay Anderson Sr., is consoled by supporters following the hearing held by Judge Glenn Yamahiro Wednesday, June 1, 2022, where two special prosecutors announced they would not charge former Wauwatosa police officer Joseph Mensah for the shooting of Jay Anderson Jr.

Yamahiro denied that motion.

“I have been consistent throughout; the special prosecutors will review what they believe can be proven beyond a reasonable doubt, and that’s it. And that’s what they did,” Yamahiro said.

Even so, Yamahiro said he believed Mensah “created the risk” that led to the shooting.

“I continue to believe that this entire tragedy was avoidable,” Yamahiro added.

Jay Anderson Jr.’s mother, Linda, spoke to a filled courtroom after the decision.

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“I think that this court hearing, all the money we spent was for nothing,” Anderson said.

“I’m not stopping until that man (Mensah) is behind bars, where he needs to be,” she added.

Milwaukee-based attorney Scott Hansen, right, and La Crosse County District Attorney Tim Gruenke speak during a press conference following the hearing held by Judge Glenn Yamahiro Wednesday, June 1, 2022, where they, the special prosecutors, announced they would not charge former Wauwatosa police officer Joseph Mensah for the shooting of Jay Anderson Jr.

Hansen and Gruenke could have charged Mensah with homicide by the negligent handling of a dangerous weapon in the shooting. Or they could have opted to file different charges.

They spent months speaking to more than 30 people for their review, including police officers, use of force experts and witnesses. They also reviewed police reports, evidence and other documents related to the case.

Linda Anderson and Motley questioned why Hansen and Gruenke decided to focus much of their review on the video evidence, and not on other evidence or witnesses that Motley brought forward in several hearings in 2021.

Gruenke responded to that question in a news conference following the hearing.

“It’s not only powerful in the sense of, you see it (shooting), but it also literally shows you, without any bias, what happened,” Gruenke said.

But Motley and the Anderson family said they still believed there was enough evidence to charge Mensah with homicide.

“We disagreed with what happened in court today,” Motley said. “But because we disagree, doesn’t mean that we’re done fighting.”

Joseph Mensah was hired as a detective for the Waukesha County Sheriff’s Department in January 2021.

What did Mensah do while working in the Wauwatosa Police Department?

Mensah shot and killed three people in the line of duty during a five-year span while he was employed with the Wauwatosa Police Department. The Milwaukee County District Attorney’s Office ruled all three shootings justified self-defense, including the 2020 shooting of 17-year-old Alvin Cole.

Mensah is now serving as a detective for the Waukesha County Sheriff’s Department. He agreed to a $125,000 separation agreement with the city of Wauwatosa in November 2020, after he was suspended by the police and fire commission in July of that year. That suspension came after a citizen complaint was filed by Anderson’s family.

Police officers investigate the scene at Madison Park, near 100th St. and Glendale Ave. on Thursday, June 23, 2016 after Wauwatosa Police Officer Joseph Mensah.shot and killed Jay Anderson Jr. while the officer was investigating a suspicious car parked at a park on the north end of the city.

Motley used a rare legal process to pursue charges against Mensah in connection with the Anderson shooting.

Under Wisconsin law, if a district attorney “refuses or is unavailable to issue a complaint, a circuit judge may permit the filing of a complaint.” Before the court can do that, the judge must find probable cause to believe that a person should be charged with an offense.

After District Attorney John Chisholm decided not to file charges against Mensah in 2016, Anderson’s family sought a federal review for a civil rights violation. In February 2017, the U.S. Attorney’s Office for Eastern Wisconsin declined to prosecute Mensah.

Kimberly Motley, attorney for the Anderson family, speaks at a news conference Wednesday after Judge Glenn H. Yamahiro announced that there is probable cause to charge Joseph Mensah, former Wauwatosa police officer, in the 2016 fatal shooting of Jay Anderson Jr.

Video evidence did not support filing charges, prosecutors said

Hansen and Gruenke said they showed the dashcam video to nine “jury-eligible” Milwaukee County residents.

“Six of the nine panel members believed the video showed it was reasonable for Mensah to have believed he had to shoot Anderson to save himself because, from Mensah’s point of view, Anderson may have been trying to shoot Mensah first,” the report said.

They also said they showed the video to many other legal experts and colleagues who drew similar conclusions.

“The video confirms that Anderson disregarded Mensah’s commands to keep his hands up and instead reached toward the passenger seat where his gun was laying. These actions would have caused a reasonable person to fear an imminent threat of death or great bodily harm and to use deadly force to protect themselves,” the report said.

Judge Glenn Yamahiro pictured Wednesday, June 1, 2022, where two special prosecutors announced they would not charge former Wauwatosa police officer Joseph Mensah for the shooting of Jay Anderson Jr.

What led up to the decision not to file charges?

During four hearings in 2021, Motley brought several witnesses to testify about the 2016 shooting, trying to prove that the shooting was unreasonable.

She argued that there’s probable cause to charge Mensah with second-degree reckless homicide and homicide by the negligent handling of a dangerous weapon.

Mensah was alone in his squad car on June 23, 2016, while patrolling Madison Park overnight.

Anderson was sleeping in his car at 3 a.m., but when Mensah approached the vehicle, he said, he saw Anderson reaching for a gun. Dashcam video from Mensah’s squad shows the officer shooting into Anderson’s parked car.

Mensah told investigators he saw a handgun on Anderson’s passenger seat.

He said he drew his service weapon and ordered Anderson to raise his hands and not to reach for the weapon. Anderson raised his hands, but at least four times he started to lower his right arm while leaning toward the front passenger seat, where the gun was, according to the investigative report.

In his July 2021 decision, Yamahiro said he didn’t believe Anderson’s intent was to harm or shoot Mensah during the incident.

“This record is filled with testimony of alternative choices, that Officer Mensah could have chosen to de-escalate the situation, or recover the weapon, without shooting Mr. Anderson,” Yamahiro said.

The Wauwatosa Police and Fire Commission also hired former U.S. Attorney Steven Biskupic in July 2020 to conduct an independent investigation into the incident. Biskupic’s report, released in October 2020, said Mensah did not violate department rules in the fatal shooting but also raised concerns, including Mensah previously calling the events “hazy.” There also remained “ambiguity” over Anderson’s intention, Biskupic said.

The incident was also previously investigated by the Milwaukee Police Department, the Milwaukee County District Attorney’s Office, the U.S. Attorney’s Office and the Wauwatosa Police Department.

How did Mensah respond to the news?

Mensah’s attorney, Christopher MacGillis, sent out a news release following the decision Wednesday.

The release calls the hearings conducted by Motley “one-sided and not complete.”

“The Milwaukee County District Attorney’s Office, the U.S. Attorney’s Office, and now Special Prosecutors Scott Hansen and Tim Greunke have cleared Officer Mensah of criminal liability,” the release said.

“Officer Mensah wishes to thank the community, his friends, and family for their overwhelming support,” it also said.

Evan Casey can be reached at evan.casey@jrn.com. Follow him on Twitter @ecaseymedia. 

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This article originally appeared on Milwaukee Journal Sentinel: Joseph Mensah will not face charges in 2016 Jay Anderson Jr. shooting