Update: 3:22 p.m.
Milwaukee Police say they have put Officer Mattioli on full suspension. He is a 13-year veteran of the police force.
Original story: 12:39 p.m.
An off-duty Milwaukee Police officer has been charged with first degree reckless homicide after he allegedly killed someone in a fight in April at his house.
The Milwaukee County District Attorney’s office has charged Michael Mattioli, 32, with the crime. If he is convicted, he faces up to 60 years in prison.
The following details are all cited from the criminal complaint:
Police say that someone made a 911 call on April 19 at about 7:30 a.m. saying that someone had attacked two people inside Mattioli’s home on the corner of South 45th Street and West Cleveland Avenue.
According to an investigator, the 911 call included “distressed breathing, gasping noises, and a struggle,” and later, “loud desperate sounding gasping…and a sound similar to loud snorting.”
The investigator said that Mattioli was yelling “yeah (expletives), you’re a (expletives) … you were my friend” near the end of the call.
Two officers were dispatched to the home.
Police say that body camera footage showed Mattioli straddling and wrapping his body around Acevedo in what was later described as a “rear naked choke hold.” Acevedo was not moving.
Mattioli told the officer that he was not sure if Acevedo was breathing.
Both officers on scene then gave chest compression before paramedics came to the scene.
According to a criminal complaint, in an interview with an officer which was taped on a body camera, Mattioli said to police that he “told (Acevedo) to get out of my house. Once he started punching my friend I held him on the ground. We called 911…I know it’s ridiculous, I’m sorry.”
“I had him around his neck, but I didn’t squeeze as hard as I could because I know, I’m not stupid. I known what it is you know … I know what’s deadly force and what’s not, but I held him there to make sure he didn’t get away … until the … you guys showed up … look, I wasn’t holding him to make his air cut off you know I’m not stupid,” he added, according to police.
Police say that when a district attorney investigator told Mattioli that Acevedo “was not in good shape,” Mattioli allegedly said “Well (expletive) him. He stole from me. I don’t give a (expletive) what shape he is in.”
The complaint says that Mattioli later told an investigator that he had Joel over the night before and hosted a party.
When he woke up on the morning of April 19, he saw Acevedo going through the pockets of pants Mattioli had been wearing. He also allegedly told the investigator he saw Acevedo punch a friend, and then he and that friend got onto Acevedo’s body.
“I didn’t suffocate the guy. I had my arms around his neck yes, and I held him there but I didn’t suffocate the guy, I didn’t press hard enough,” Mattioli said.
Acevedo died on April 25 at St. Luke’s Hospital. The Medical Examiner’s office said that his death was due to “Anoxic Encephalopathy due to Traumatic Asphyxia,” and that it was a homicide.
