The federal courthouse in Milwaukee, Wisconsin. (Photo by Isiah Holmes/Wisconsin Examiner)

Another trial in the killing of 17-year-old Alvin Cole by then-Wauwatosa police officer Joseph Mensah began Monday, with attorneys battling over whether Mensah used excessive force when he killed Cole following a foot chase in 2020. U.S. District Court Judge Lynn Adelman is presiding over the case, as he did when the case went to trial earlier this year, ending in a hung jury. Mensah has claimed that Cole pointed a gun in his direction, making him fear for his life and triggering his decision to fire five shots at Cole.  

An all-white, eight-member jury was selected out of a pool of 36 potential jurors, with an even split of men and women. None of the jurors are from Milwaukee. Two indicated that they have close relatives who served in law enforcement, though they said this would not sway their decision-making. 

Attorney Kimberley Motley, representing Cole and his family, used a projection screen to display a photo of Cole when he was younger. She told jurors that sometimes kids do stupid things, which in this case was running from the police, but also that running alone does not give grounds for officers to use deadly force. “Some kids ran faster, some kids ran slower, and Alvin was one of the slower kids,” Motley said. 

Motley noted that Mensah was not the first officer on the scene. Yet he was the only officer to fire. She stressed to the jury that Mensah, not Cole, “is the only one on trial,” and that jurors can acknowledge that police have a hard job while also finding that Mensah used excessive force. 

Cole was Mensah’s third shooting over a five-year period at Wauwatosa PD, a fact not shared with jurors. In his opening statement, attorney Joseph Wirth told jurors that foot chases are incredibly dangerous and unpredictable and that Cole made “catastrophically bad” decisions and “the escalation of danger” was “enormous”. After firing a gun he was carrying, Wirth said Cole went into a crouch-like position, fired at Olson, and then turned towards Mensah before he was killed. One of the key issues in the case has been conflicting statements from police officers on the scene, with Mensah saying the gun was only pointed at him, Officer David Shamsi (who was closest to Cole), saying the gun hadn’t moved at all, and Officer Even Olson saying that the gun was pointed towards him and away from Mensah. 

“Sympathy for loss of life can exist at the same time as your duty as a juror to uphold the law,” Wirth told the jurors. He asked them to “clear your minds of sympathy” and reiterated that “Alvin Cole made catastrophically bad decisions.”

Both civilian and law enforcement witnesses were called to the stand Monday, beginning with UW-Milwaukee film and documentary teacher Sean Kafer, who’d reviewed squad and deposition videos for the trial. Kafer testified that he added a red circle to a version of the squad video depicting the shooting, and removed background noise. The video was played multiple times for jurors. Wirth also played versions of the squad video. The low quality of the video was one of the issues noted by the jurors who failed to reach a unanimous decision in the last trial. 

Shamsi, now an FBI agent and a major in the U.S. Army Reserve with combat experience, was working overtime the night of the shooting. He was among the officers who “floated” to the area in case they were needed. 

After the first shot went off, Shamsi testified that Cole ended up on his hands and knees, with the firearm still in his right hand. Mensah came from behind Shamsi, who said that he did not see Cole turn or take a shooter’s stance as Wirth said in opening statements.

Video from Shamsi’s squad car was also played capturing him talking to other officers, including investigators from the Milwaukee Police Department who’d come to take his statement. In those videos, Shamsi can be heard saying “he was crawling” and that Shamsi was right next to “dude” when the shooting happened. When asked about Cole aiming the gun, Shamsi said, “I did not see it move.” Shamsi cautioned, though, that the situation was chaotic and rapid, and that he may not have noticed everything. He added that it was a deadly situation, and that he was prepared to fire if needed. 

Shenora Statten-Jordan, a principal at Messmer High School testified that she was leaving a Mayfair-area restaurant when the shooting happened. Driving her white SUV beside her husband and two children in the back, Statten-Jordan testified to seeing lights and commotion near the Cheesecake Factory parking lot. As her vehicle approached she could see other officers responding, hear the shots, and see a boy fall to the ground onto his stomach with his legs still kicking “as if he was still running.” 

Wirth attempted to establish, as he’d done in the last trial, that Statten-Jordan was not in a position to actually see the shooting. Video from Shamsi’s dash camera and a passing Milwaukee County bus, however, showed that Statten-Jordan was where she’d testified she was. After witnessing the shooting, she was interviewed by the Greenfield Police Department as part of the shooting investigation. Statten-Jordan said she’d offered to go back to the scene with officers, but that they didn’t take her up on the offer.

The last witness of the day was Wauwatosa officer Jeffrey Johnson, who left his own patrol sector to respond to the mall that day. Johnson recalled meeting Shamsi, chasing the teens and hearing the shots that ended Cole’s life. Johnson testified that Cole had fallen to his hands and knees, and that from his position 20-25 yards away that he, like Shamsi, did not see Cole move. Nor did Johnson fire his weapon, although he drew it after the first shot was fired. Johnson said that although he didn’t see Cole move while on the ground, a lot was going on. Johnson said that officer training does not require a gun to be pointed at you to justify firing. 

The trial is expected to last until late Wednesday or early Thursday, when the case will be turned over for deliberations. Dr. Weislaw Tlomak, Chief Medical Officer of the Milwaukee County Medical Examiner’s Office, is expected to begin testimony Tuesday.