Third party review concludes Wauwatosa police officer was 'justified' in punching a teenager at Mayfair Mall

A third party "use of force" review has concluded the Wauwatosa officer who punched a teen at Mayfair Mall was justified in his actions May 11, according to a statement issued Wednesday, May 23, by Wauwatosa police.

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After reviewing all the factors, video, reports, as well as talking with officers, a group of "use of force" trainers from outside the department released their report, the results of which were made public by Wauwatosa Police Capt. Brian E. Zalewski.

In addition, the Wauwatosa Police Department has received, from an attorney representing the family involved in this case, written notice of intent to file a civil lawsuit.

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The May 11 incident unfolded after Wauwatosa police received a call from mall security at 4:37 p.m. requesting police assistance with five males inside the mall acting disorderly and causing a disturbance. Video of the incident went viral and led to a march on the police department and mall by the Original Black Panthers.

The "use of force" incident was also reviewed by two master instructor trainers trained by the state in the Wisconsin Defensive and Arrest Tactics system. Neither of them are employed by the Wauwatosa Police Department. They separately reviewed the video of the encounter, as well as Wauwatosa Police Department reports. and interviewed the police officers about the technique used by police officer Evan Olson and agreed the level of force used was justified, the report said.

The report, in documenting what happened that night, said the officer told the males to stop numerous times and they refused to comply. The officer attempted to detain one of the males, however, the male pulled away from the officer and a physical struggle began, according to the report.

The officer attempted to "decentralize" the suspect to get him on the ground and control him. the report said.

The male exhibited "assaultive" behavior towards the officer by wrapping both of his arms around the officer's waist, then attempted to take the officer down to the ground, the report said.

Based on the male's behavior and continued resistance, the officer struck the male in the face and used his body weight and arms to try to control the male, the report said.

When the male attempted to get up multiple times and continued to resist the officer's control efforts, the officer struck him again. After being stuck the second time, the male complied with the officer's control efforts, the report explained.

The review stated the male who was punched was not injured and didn't need medical attention. He was transported to the police department and was issued municipal citations for battery, resisting an officer and disorderly conduct.

While at the station, the male apologized for his actions and stated he understood why force was used and that he should have stopped when instructed to do so, according to the report.

Phone contact was made with the male's mother and he once again apologized and told the officer he would be truthful with everyone once he got home and let them all know that it was his fault, the report said.

The Monday after the incident, police released a video that showed several males running and a police car pulling up in the parking lot. It appears the officer was attempting to take the male to the ground to arrest him. The male resists being taken down and a fight ensues.

Wauwatosa Police said anytime there is a use of force it is never a pleasant interaction, whether you are the officer, the offender, the witness or the viewer.

The mother, Tywona McCann, released her own statement on May 17.

The mother urged society to do better and "to hold accountable those who violate the constitutional rights to which we are all entitled."

"No parent should have to worry that when their child goes out in public (that) the people who are meant to keep them safe are actually a threat," she wrote.

"No child should have to live in fear that innocent behavior could result in an arrest. No child should have to fear that they will be punched in the face by a police officer," McCann said.

Wauwatosa Police Department reiterated that they have tried to be responsive and transparent about the incident from the beginning.