Former Milwaukee police officer Michael Mattioli found not guilty of homicide in death of Joel Acevedo

Former Milwaukee police officer Michael Mattioli was found not guilty Friday in the 2020 death of Joel Acevedo.

A jury of eight women and four men sifted through evidence, witness testimony and digital records that were presented during the weeklong trial. The panel returned its verdict after 5½ hours of deliberation.

Mattioli wept gently and hugged Craig S. Powell, one of his attorneys, moments after the verdict was read. He, his family and both of his lawyers left the courthouse afterwards without speaking to the media.

Members of Acevedo's family, many whom were in court throughout the trial, could be seen burying their heads into each other's chests in disappointment.

Mattioli, a 13-year veteran of the Milwaukee Police Department, was off-duty when he told investigators he restrained Acevedo for 10 minutes during a fight at Mattioli's home in April 2020.

The two men were friends and were at Mattioli's home with two other people after a night of partying.

Acevedo, 25, died days later from his injuries. Mattioli was charged with first-degree reckless homicide in Acevedo's death.

The verdict was reached after jurors briefly notified the Milwaukee County Circuit Court Judge David Swanson around 2:30 p.m. they were deadlocked. Swanson issued an order to keep deliberating.

A verdict was reached around 3:30 p.m.

Before handing the case to the jury, Swanson granted a request by Assistant District Attorney Paul Tiffin to allow jurors to also consider a lesser-included offense of second-degree reckless homicide in its deliberation, instead of the first-degree charge.

Second-degree reckless homicide, a Class D felony, carries a punishment of 25 years imprisonment. State law says the main difference between first- and second-degree reckless homicide is that “utter disregard for human life" is a required element for first-degree.

Joel Acevedo's mother says justice wasn't served, but there is some peace

Jose and Maribel Acevedo, the parents of Joel Acevedo, said after the verdict that justice was not served, but they expressed a measure of peace and closure now that the trial was concluded.

“I know a lot of us that have different feelings, different ways of viewing things, but I ask that you continue to move on,” Maribel Acevedo said to about 20 family members and activists in the hallway of the courthouse immediately following the verdict.

“Remember that Joel’s heart will always live on,” she said.

Jose and Maribel Acevedo have tirelessly worked to find justice for their son in the three-plus years since his death. They have appeared and spoken at numerous protests focused specifically on their son’s case and on police brutality in general.

The two said they have found peace in their faith, knowing that their son “is home” and that his heart, which was donated to a man in need of a transplant, lives on.

“There’s peace that I can find,” Maribel Acevedo said to reports outside the courthouse. “There’s peace that they can’t take because I know Joel is home and that is my victory.”

Joel Acevedo's father: 'I don’t know who the jury’s listening to'

Her husband expressed similar sentiments but also felt disappointed by the proceedings.

“I feel different,” he told reporters. “I don’t know who the jury’s listening to. The facts were there. They came to their decision, and I totally disagree with it. Joel was never the aggressor. If anything, he was being attacked by three individuals.”

When asked about how the prosecution presented his case, he said he would rather keep those comments to himself.

The Acevedos have described their son as an enthusiastic cook, an animal lover, as well as a homebody who joked about living with his parents and caring for them as they aged. He had already been caring for his mother, who suffered for years with chronic pain, she told the Journal Sentinel in 2020.

Acevedos' attorney says trial gives boost to civil case against Michael Mattioli, police

Earlier this year, Maribel and Jose Acevedo filed a civil suit in federal court against Mattioli, the first responding officer to the scene of their son’s death and Milwaukee’s police chief, alleging their son’s constitutional rights were violated during the incident.

The attorney representing them in that case, B’Ivory Lamarr, said Friday the testimony in the criminal trial should bolster their case in civil court, where a lower burden of proof is required to show culpability. LaMarr singled out Mattioli’s testimony that he was intoxicated during the altercation with Acevedo.

“All we have to prove in that is that his force is excessive,” he said. “It doesn’t go into criminal intent, doesn’t go into what he thought or whether it was an accident or so forth. We believe that we can easily meet that burden.”

Medical examiners offer conflicting views about why Joel Acevedo died

Earlier in the week, the Milwaukee County medical examiner testified that Acevedo died of anoxic encephalopathy — or severe brain damage caused by a lack of oxygen. She also noted Acevedo's neck and chest showed signs of compression at the time of his death.

Thursday, Mattioli took the stand in his own defense. He testified he accused Acevedo of trying to steal from him and that Acevedo refused to leave when asked to do so. He told jurors he intended to restrain Acevedo until police arrived and denied choking him.

Dr. Jeffrey Jentzen, a former Milwaukee County Medical Examiner and pathologist, testified Acevedo likely would have survived the encounter with Mattioli if he hadn’t had other medical conditions.

Pulmonary physician Dr. James Pearle said Acevedo had asthma, which can be aggravated by exercise or stress. He noted Acevedo underwent multiple trips to the hospital from 2016 to 2019 for respiratory distress. “His condition was a bad as it gets” for a man his age, Pearle said.

Dr. Jimmie Valentine, a clinical pharmacology and forensic toxicology consultant, testified the volume of cocaine found in Acevedo’s body suggested he binged on the drug for several hours before his deadly fight with Mattioli. Valentine reviewed medical reports for Acevedo and also examined antemortem and post-mortem specimens, as well as a urine specimen that was collected when Acevedo was admitted to St. Luke’s Hospital on April 19, 2020.

Prosecutor said Michael Mattioli showed 'disregard' for Joel Acevedo

Tiffin argued in his closing Friday that Mattioli’s conduct was a “substantial factor” into Acevedo’s death. He argued Mattioli continued to put his weight on a prone, motionless Acevedo, preventing Acevedo from breathing, even after he appeared to no longer be a threat.

Tiffin told jurors to remember the footage shot on Officer Robert Roach’s body cam. It captured images of Mattioli on Acevedo’s back and audio of Mattioli saying “I don’t know” if Acevedo was still breathing.

“He didn’t pay attention to the man he had restrained,” Tiffin said. “That’s utter disregard.”

Defense said Michael Mattioli was within his rights to act as he did that morning

Michael F. Hart, one of Mattioli’s lawyers, said the former officer acted “reasonably and lawfully” to defend himself and his guests after an aggressive Acevedo became violent in Mattioli’s home.

Hart reminded jurors of Acevedo’s pre-existing health issues; he argued his compromised health, along with his smoking and cocaine use, could have brought about his death accidentally.

“But for the conduct of Mr. Acevedo, Mr. Acevedo would be alive," Hart said. “He was involved in a struggle of his own making.”

This article originally appeared on Milwaukee Journal Sentinel: Michael Mattioli found not guilty by jury in death of Joel Acevedo