Judge Overrules Prosecutors, Cop to be Charged With Homicide in Shooting of Jay Anderson Jr.

A Wisconsin judge overruled prosecutors Wednesday and ordered them to charge a police officer for shooting a Black man sitting in a parked car in 2016, the Associated Press reported.

Joseph Mensah, the officer, will be charged with negligent use of a weapon in shooting and killing Jay Anderson Jr. Anderson's family used a rarely-used provision in Wisconsin law to get aby Judge Glenn Yamahiro to reexamine the case, the Associated Press reported.

Mensah found the 25-year-old Anderson sleeping in his car inside a park after hours in a Milwaukee suburb. Mensah alleged that he shot Anderson after he saw him reach for a gun, the Associated Press reported.

Mensah, who is also Black, fatally shot three people total during his five year run with the Wauwatosa Police Department. Prosecutors decided in each case not to charge Mensah, but the judge's Wednesday ruling overrides the decision in Anderson's case, the Associated Press reported.

The charges must be filed within 60 days.

For more reporting from the Associated Press, see below.

Anderson's family asked Yamahiro to review that case under an obscure state law that allows judges to directly question witnesses in what's known as a John Doe proceeding. A judge who finds sufficient evidence for charges can file them directly, leaving prosecutors out of the equation. At least six other states have similar statutory provisions, but attorneys say the process is rarely used in Wisconsin.

The judge said he decided that the single charge against Mensah was warranted based on testimony about the circumstances of the shooting. Mensah should have been aware that pulling his weapon on Anderson created an unreasonable risk of death, Yamahiro said.

Mensah could have taken steps to de-escalate the situation, including waiting for backup that was on the way, the judge said.

Anderson's behavior was consistent with someone who was intoxicated, had been asleep and was trying but having difficulty complying with Mensah's orders, Yamahiro said.

The evidence did not back up Mensah's claims that Anderson was pretending to be asleep or that Anderson lunged for his weapon, the judge said.

He ordered a special prosecutor to be appointed to handle the case.

Mensah joined the Wauwatosa Police Department in 2015. That year he fatally shot Antonio Gonzales, who identified as Latino and American Indian. Prosecutors said Gonzales refused to drop a sword.

The Anderson shooting came the next year. Then, in 2020, Mensah fatally shot 17-year-old Alvin Cole as Cole fled from police during a disturbance in a mall. Mensah said he shot Cole, who was Black, after he pointed a gun at him. That set off months of protests. Milwaukee County District Attorney John Chisholm's decision not to charge him in that shooting led to more protests in Wauwatosa in October.

Mensah remained under pressure ever after being cleared in Cole's death and resigned in November. He collected a $130,000 severance payment and now works as a Waukesha County deputy.

The Anderson family's attorney, Kimberley Motley, also represents the Gonzales and Cole families. She said she is considering invoking the John Doe process for them.

Correction, (07/28/21, 1:57 PM): This story and headline have been corrected to reflect that the judge has ordered prosecutors to charge Mensah. He has not yet been formally charged with any crime.