#Milwaukee cop charged in off-duty chokehold death pleads not guilty, resigns

A Milwaukee police officer resigned just hours after pleading not guilty in the death of a man he put in a chokehold during an off-duty fight at his home, department officials said.

Michael Mattioli, 32, resigned late Tuesday, a police department spokesperson told the Milwaukee Journal Sentinel.

Mattioli appeared remotely in court earlier Tuesday with his attorney during his arraignment on a charge of reckless homicide in the death of Joel Acevedo, a 25-year-old man who died six days after police said Mattioli used a chokehold on him during an argument at the off-duty officer’s Milwaukee home on April 19.

Mattioli, Acevedo and two others spent the previous night partying together and the officer awoke to find Acevedo going through his pants pockets, prompting the off-duty cop to tell him to leave, according to a criminal complaint.

Acevedo denied stealing from Mattioli and then punched another man as he left, causing Mattioli to get on top of him and call 911. Responding cops later found Mattioli straddling Acevedo, who was on his stomach at the time while not breathing and without a pulse, the complaint states.

Mattioli told investigators he kept Acevedo in a chokehold for 10 minutes during the fight but didn’t think he applied enough pressure to kill him, according to the criminal complaint.

Mattioli’s attorney, Michael Hart, said Tuesday he plans to argue that the former officer was acting in self-defense during the fight that led to Acevedo’s death.

Mattioli had remained on the city’s payroll until his resignation. He was put on paid suspension as the police department investigated the fatal fight, the Journal Sentinel reports.

Acevedo’s father, Jose Acevedo, said he learned of Mattioli’s resignation from news reports, adding that he was “surprised” by the development. Jose now wants to know whether Mattioli will be able to receive his pension or be hired by another department, the newspaper reports.

“That’s the stuff I’m interested in,” the father said.

The former officer will still qualify for his pension benefits since the 13-year veteran served for more than 10 years as a cop, department officials told WISN.

Milwaukee’s mayor, meanwhile, who had called for police brass to fire Mattioli since May, said he’s pleased city taxpayers will no longer pay his salary.

“I’m hopeful for a quick resolution of this entire matter and confident justice will be served for everyone involved in this case,” Mayor Tom Barrett said in a statement.

Mattioli, who remains free on bond, is due back in court on Oct. 30.

Acevedo’s family filed a lawsuit against the department in July to obtain copies of the 911 calls and bodycam footage of the incident, the Journal Sentinel reported.

With Post wires