Chokehold homicide trial: 2 partygoers say Joel Acevedo was aggressor

Joel Acevedo was out of control and refused to leave Michael Mattioli’s home after the former Milwaukee police officer caught him trying to steal, two men testified during Mattioli’s homicide trial.

A Milwaukee County jury on Tuesday heard from two men who partied at Mattioli’s home that April 2020 night. They described Acevedo as the aggressor in the melee that later resulted in his own death.

Christopher Peters and Andrew Janowski's testimony came on the second day of Mattioli’s trial; he's accused of applying a deadly chokehold on Acevedo that has since been outlawed by the Milwaukee Police Department, where Mattioli worked for 13 years.

Peters and Janowski are longtime friends who became acquainted with Acevedo through Mattioli; the pair met him a few weeks before the incident during the Shamrock Shuffle pub crawl in downtown Milwaukee.

Awakened by violence

All four men hung out together at Mattioli’s home until late into the evening on April 18, 2020. One by one, they found separate corners of the house in which to fall asleep.

Peters and Janowski each testified they were awakened around 7:30 a.m. by the sound of Acevedo and Mattioli arguing.

More: Jurors in Michael Mattioli homicide trial told to dismiss media coverage

Mattioli accused Acevedo of rifling through his pockets while he was asleep. Acevedo was told to leave, but he refused, both men testified. At some point, Mattioli is seen “staggering back,” as if he was pushed, Peters and Janowski each said.

Peters testified he was knocked to the floor when Acevedo punched him twice in the face as he stepped in to break up the melee. Janowski intervened to help, by trying to subdue Acevedo’s legs, as Peters spoke with a 911 dispatcher.

Janowski told the jury Acevedo, who was taller and outweighed each of the men, was “actively resisting” and flailed violently as he and Mattioli attempted to hold Acevedo until officers arrived.

“I knew the police were on their way,” said Janowski, 33. “Joel’s size, seeing what had unfolded in front of me … I didn’t want to see things get worse.”

More: Here's a fact sheet on police chokeholds and how they factor into the Michael Mattioli trial

Officers and EMTs arrived and tried to revive Acevedo before he was taken to a hospital. He died six days later.

'I did nothing wrong'

A video of Mattioli speaking with investigator David E. Dalland was shown to jurors. A visibly irate Mattioli, his voice elevating and at times using profanities, admitted to Dalland he was intoxicated, but said it was attempting to arrest Acevedo because he tried to steal from him.

He asserted he never applied pressure that would have caused damage to Acevedo, and that his intent was to hold him until officers arrived.

"I did nothing wrong," Mattioli told the investigator.

Mattioli's demeanor softened slightly when Dalland told him Acevedo was alive at St. Luke's Hospital, but that the situation "is serious."

"I didn't intend to strangle the guy," Mattioli said. "I was just trying to arrest him."

There was no pulse when the first officer arrived on the scene

Members of Acevedo’s family wept and hugged one another as jurors were shown video footage from Robert Roach’s body camera.

Roach was the first Milwaukee police officer to respond to the call.

Upon Roach's arrival, Mattioli is seen in the 9-minute video on top of Acevedo, who was face down and not responding. Roach testified he checked for a pulse, but couldn't find one.

"Is he breathing?" Roach is heard asking Mattioli.

"I don't know," Mattioli replied.

Roach performed CPR on Acevedo until EMT personnel arrived.

Mattioli is charged with first-degree reckless homicide in the death of Acevedo, 25. He has pleaded not guilty.

Judge David Swanson released the jury for the day at 4:30 p.m.

Assistant District Attorney Paul Tiffin was expected to call Wieslawa Tlomak, Milwaukee County's chief medical examiner, on Wednesday.

More: Ex-Milwaukee cop Michael Mattioli faces homicide charges. Here are the key figures in his trial

The trial is expected to run throughout the week.

For more coverage:

Click here to learn more about the key figures of the trial.

Here's what we know about the case.

And be sure to check out this link for a timeline on what's happened in the case.

More: Judge orders release of bodycam video in Joel Acevedo assault

This article originally appeared on Milwaukee Journal Sentinel: Michael Mattioli trial: 2 partygoers say Joel Acevedo was aggressor