13 Milwaukee Common Council members decry acquittal in Michael Mattioli homicide trial

Thirteen of the 15-member Milwaukee Common Council on Tuesday expressed disappointment in a jury's acquittal of a former Milwaukee police officer in the death of Joel Acevedo, prompting the officer's attorneys to push back.

The jury found former Milwaukee police officer Michael Mattioli not guilty of first-degree reckless homicide Friday in Acevedo's April 2020 death. Mattioli was off duty when he restrained Acevedo for 10 minutes during a fight at Mattioli's home, he told investigators. The men were there with two other people after a night of partying.

Acevedo, 25, died days later.

"To say we are disappointed by the acquittal on Friday of former Police Officer Michael Mattioli is an understatement," the council members said. "Joel Acevedo would be alive today had he not been placed in a chokehold. That sad reality is what it is, and for us it is clear that justice was not served."

Signing on to the statement were Common Council President José G. Pérez along with Alds. Jonathan Brostoff, Lamont Westmoreland, Khalif Rainey, Robert Bauman, Marina Dimitrijevic, Milele A. Coggs, JoCasta Zamarripa, Larresa Taylor, Mark Chambers Jr., Mark Borkowski, Scott Spiker and Russell W. Stamper, II. Alds. Andrea Pratt and Michael Murphy did not sign on.

The council members added, "Our hearts go out to the Acevedo family, who must now turn to a civil court for justice in the case."

In his testimony, Mattioli denied choking Acevedo and said he planned to restrain him until police got there. He accused Acevedo of trying to steal from him and not leaving when asked to.

Mattioli's attorneys, Michael F. Hart and Craig S. Powell, in a statement called the council members' statement "shameful" and "contemptuous" of the jury. They said the council statement ignored "undisputed evidence of Mr. Acevedo’s violent behavior," Mattioli's repeated denial that he placed Acevedo in a chokehold and Acevedo's pre-existing medical issues.

"With a trial that was streamed live for all to see, these facts were readily apparent to anyone who wanted to see for themselves," they said. "The “sad reality” is that the elected leaders of this community do not want to see for themselves; they are satisfied repeating now-debunked narratives and false claims in furtherance of their own electoral relevance and fundraising."

Acevedo's parents filed a federal civil lawsuit earlier this year against Mattioli, the first responding officer to the scene and Milwaukee’s police chief. They claim his constitutional rights were violated during the incident.

Their attorney said testimony in the criminal case should bolster the civil case.

Alison Dirr can be reached at adirr@jrn.com.