Homicide charges off table in inquest into death of man in police custody

Deliberations are expected to begin Wednesday morning in the inquest into the death of a man in Milwaukee police custody.

WISN 12 News has learned there are three officers who could face charges in the death of Derek Williams, but the recommendation is that none of the officers will be charged with homicide.

Nearly a week after seven Milwaukee police officers refused to testify in the inquest so as not to possibly incriminate themselves, two were offered immunity to testify.

In explaining the request, special prosecutor John Franke shed new light on his plans for the jury, explaining he won't be seeking any felony charges against any of the officers.

"In part because I'm going to be asking the court not to submit any homicide offense, but only the misdemeanor offense of failure to render aid," Franke said.

Franke explained that after seven days of testimony, it's apparent the medical reasons for Williams' death are unclear, making a homicide charge very difficult.

He also said it doesn't appear to be a case of a complete failure to get help for Williams; rather, was there too long a delay?

"There is an issue as to whether the delay in getting aid was long enough to satisfy the elements of the misdemeanor offense," Franke said.

The officer testimony didn't shed much light on that issue since neither was around after Williams was placed in the squad car, where he ultimately collapsed and died. But each officer said Williams was resisting arrest throughout, and they didn't believe he was having any serious medical problems.

"To your recollection, did he seem to be having any trouble breathing?" Franke asked.

"No sir. Nothing out of the ordinary for somebody that had been running," Milwaukee police Officer Patrick Coe said.

After Williams collapsed, Coe testified they did everything they could to revive him.

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