A charging decision in the 2016 fatal Wauwatosa police shooting of Jay Anderson Jr. is coming Wednesday

Evan Casey, Milwaukee Journal Sentinel
·4 min read

The special prosecutors selected by a judge to review the 2016 fatal Wauwatosa police shooting of Jay Anderson Jr. on Wednesday are expected to announce their decision on possible charges in the case.

Milwaukee County Circuit Judge Glenn Yamahiro picked Milwaukee-based attorney Scott Hansen and La Crosse County District Attorney Tim Gruenke to review the shooting, which occurred in June 2016 at Wauwatosa's Madison Park by former Wauwatosa Police Officer Joseph Mensah. 

It's ultimately up to Hansen and Gruenke to review the case and determine whether they believe there's probable cause to charge Mensah with a crime.

In July 2021, Yamahiro found probable cause that Mensah committed homicide by the negligent handling of a dangerous weapon in the shooting. But he said the prosecutors must be able to show what charges, if any, can be proven "beyond a reasonable doubt."

Hansen and Gruenke will not be required to file that specific charge, but they could.

They could also file additional charges, different charges or no charges at all.

Keith Findley, a professor of law at the University of Wisconsin-Madison, previously told the Milwaukee Journal Sentinel that probable cause is a "relatively low evidentiary threshold."

"Most prosecutors, even if there's probable cause, will tell you they won't prosecute unless they believe they have sufficient evidence that they could persuade a jury of guilt beyond a reasonable doubt," Findley said.

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

Kimberley Motley, the attorney for the Anderson family, used a rare legal process to pursue charges against Mensah in connection with the 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.

Motley tried to prove that the shooting was unreasonable throughout hearings held in 2021. During the final hearing, Motley told Yamahiro she doesn't believe Anderson was ever a threat to Mensah during the incident.

Yamahiro made his decision on July 28, 2021, saying he believed Mensah created an "unreasonable and substantial risk of death" in the shooting.

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

They began work on the review in December 2021.

Hansen said he couldn't comment on the specifics of the review before their decision but he did confirm that the decision would come during the June 1 hearing, which is set to begin at 11 a.m.

Linda and Jay Anderson Sr. speak to the media outside the Wauwatosa Police Department on Thursday, June 18, 2020. The Andersons are parents of Jay Anderson Jr., who was shot and killed by Wauwatosa Police Officer Joseph Mensah in 2016.
Linda and Jay Anderson Sr. speak to the media outside the Wauwatosa Police Department on Thursday, June 18, 2020. The Andersons are parents of Jay Anderson Jr., who was shot and killed by Wauwatosa Police Officer Joseph Mensah in 2016.

Where is Mensah now?

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, that includes the most recent shooting of 17-year-old Alvin Cole in 2020.

This is the latest attempt to charge Mensah in the Jay Anderson Jr. shooting.

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.

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.

Who are the special prosecutors?

Hansen is an attorney with the Milwaukee law firm Reinhart Boerner Van Deuren. He acted independently of that firm when reviewing this case.

A litigator for the firm, he was named the 2018 Lawyer of the Year by the Milwaukee Bar Association. He was also recognized as a 2021 “Super Lawyer."

Gruenke has been the district attorney for La Crosse County for the past 14 years. He's been a prosecutor for the past 26 years.

He has been recognized as the Prosecutor of the Year by the Wisconsin Association of Homicide Investigators and by The Wisconsin District Attorneys Association.

Evan Casey can be reached at 414-403-4391 or evan.casey@jrn.com. Follow him on Twitter @ecaseymedia. 

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This article originally appeared on Milwaukee Journal Sentinel: Charging decision coming in Joseph Mensah shooting of Jay Anderson Jr.