The decision by Wisconsin’s special prosecutors not to file criminal charges against former Wauwatosa Police Officer Joseph Mensah brings one of the state’s most closely watched officer-involved shooting investigations to a close.
For attorney Chris MacGillis, who represented Mensah throughout the criminal investigation, the conclusion reinforces a principle that guides every first responder case he handles:
Every client deserves due process.
That commitment is not dependent on headlines, politics, or public opinion. It is rooted in the Constitution. Whether a client is a police officer, firefighter, paramedic, or other first responder, every person is entitled to a fair investigation, the effective assistance of counsel, and legal decisions based on evidence-not emotion.
The Mensah investigation demonstrates why those protections matter.
Following the 2016 shooting death of Jay Anderson Jr., the case underwent years of legal review. It was examined by the Milwaukee County District Attorney’s Office, the U.S. Attorney’s Office, and, most recently, two independent special prosecutors appointed following a John Doe proceeding. Investigators reviewed witness statements, forensic evidence, squad video, expert analysis, and the legal standards governing the use of force before concluding they could not prove beyond a reasonable doubt that criminal charges were warranted.
Following the announcement, Chris offered a simple reminder:
“Facts matter.”
Those two words capture the foundation of the American justice system.
When a first responder becomes the subject of a criminal investigation, public attention often moves much faster than the legal process. Headlines are written. Opinions are formed. But constitutional rights do not change because a case attracts national attention.
A first responder attorney has a different responsibility.
The role is not to argue a case in the media or respond to every headline. It is to protect a client’s constitutional rights, ensure investigators consider all relevant evidence, and advocate for a legal process that is fair, thorough, and grounded in the facts.
Officer-involved shootings receive some of the most comprehensive legal review in the criminal justice system. A single incident may be examined by local prosecutors, independent prosecutors, internal investigators, forensic experts, civil attorneys, and federal authorities. Every use of force is measured against established legal standards and carefully evaluated before criminal charges are considered.
That is exactly how the justice system is intended to work.
Due process exists for the cases that test it the most. It ensures that legal decisions are made in courtrooms-not in the court of public opinion-and that every individual receives the same constitutional protections, regardless of the circumstances or the attention surrounding a case.
Representing first responders means standing beside men and women who make split-second decisions under extraordinary circumstances while accepting that those decisions may later be scrutinized for months or even years. It requires experience, discretion, and an unwavering commitment to the rule of law.
That commitment defines Chris MacGillis’ First Responder practice. He represents police officers, firefighters, and public safety professionals throughout Wisconsin in critical incidents, officer-involved shootings, labor and employment matters, administrative investigations, and other legal issues unique to those who serve our communities.
The conclusion of the Mensah investigation serves as an important reminder that our justice system depends on a fair process, careful review of the evidence, and the constitutional protections afforded to every individual.
Because, as Chris said,
“Facts matter.”
