By Charles Benson. CREATED Jul 21, 2014 - UPDATED: Jul 21, 2014
MILWAUKEE - The family of the man shot by police at Red Arrow Park wants the officer charged. They say he shot Dontre Hamilton 15 times.
On Monday, the family got its first look into the investigation during a two and a half hour meeting with the Milwaukee County District Attorney and lead investigators.
"We just feel it was negligent homicide." said Dontre's brother Nate, "15 shots was overkill."
Hamilton was shot during a mid afternoon scuffle in the park with an officer on April 30th. The family says the 31-year old had a history of mental illness but never hurt anyone.
Police say a pat down turned into a scuffle when Dontre grabbed the officers baton and started hitting him in the head. The family says more than 60 witness were interviewed with about a dozen getting a good look. But not everyone agreed on who did what with the baton.
"There are witness statements backing that Dontre did hit the officer but there's also other evidence that states Dontre never swung the baton," said Nate Hamilton.
A new law requires officer involved shootings to be reviewed by an outside agency. Since the law - Madison had two fatal officer involved shootings reviewed.
Both cases were determined to be justified within a month. In Racine, an officer shot an armed man but it was ruled justified within days.
The Hamilton family has been waiting nearly three months for state investigators from the Department of Justice to wrap up this case.
"We are just trying to grasp the concept of, how this could have happened," said Nate.
Out of five statewide officer involved shootings reviewed by DOJ since the new law, the Milwaukee case is the only one still open.
District Attorney John Chisholm will have to make the final call on charges or no charges. There is no time line for a decision.