MILWAUKEE — Former Milwaukee police officer Michael Mattioli took the stand in day four of his homicide trial for the death of Joel Acevedo on Thursday.
Criminal Defense Attorney Julius Kim of law firm Kim & LaVoy, who is not a part of Mattioli’s case, told Wisconsin’s Afternoon News that although it can be risky for a defendant to testify, it was necessary for Mattioli to explain himself.
“For first-degree reckless homicide, the state has to show that he showed utter disregard for human life, and there were a lot of things about this case that kind of make it seem that way. He didn’t know whether he even was breathing or not, he was saying some really bad things after police got there about how he didn’t care whether [Acevedo] was hurt or injured or alive,” said Kim.
Court records show Acevedo was at a party at Mattioli’s home in April 2020. The following morning, Mattioli and Acevedo got into an argument and Mattioli restrained Acevedo for several minutes. Prosecutors say Acevedo was unable to breathe under Mattioli’s weight. Acevedo died six days later in the hospital.
“I know what I did. I know I wasn’t choking him. I thought he’d be OK. I didn’t think there was any way he could be hurt like that,” said Mattioli at the stand.
Mattioli told the defense the argument started unexpectedly in his bedroom, claiming that Acevedo was rummaging through his pockets and trying to steal from him.
Mattioli testified that when investigators arrived following the fight, they asked if Acevedo was still breathing. “I said I don’t know, handcuff this guy,” responded Mattioli. “I didn’t feel the need to hurt him. I just wanted to hold him down until the police arrived.”
“For first degree reckless homicide, the state has to show that he showed utter disregard for human life. There are a lot of things about this case that make it seem that way; he didn’t know whether [Acevedo] was even breathing or not, he was saying some really bad things after the police got there about how he didn’t care weather he was hurt, injured or alive,” said Kim.
The defense is arguing that Acevedo’s history of drug use and medical conditions led to his death rather than Mattioli’s actions.
Former Milwaukee County Medical Examiner Jeffrey Jentzen has testified that Acevedo likely would have survived Mattioli’s chokehold if he hadn’t had other medical conditions such as chronic asthma.
Clinical pharmacologist Dr. Jimmie Valentine testified on Thursday that Joel Acevedo had likely consumed a “high” level of cocaine before the fight with Mattioli. Valentine said Acevedo had also been drinking and still had a BAC of roughly 0.2 about four hours after he became unconscious.
Closings and jury instructions are expected Friday morning, followed by deliberations.
