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Second Deadlock in Federal Civil Trial Over Police Shooting of Alvin Cole in Wauwatosa as Third Trial Set for May 2026

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Published on September 12, 2025
Second Deadlock in Federal Civil Trial Over Police Shooting of Alvin Cole in Wauwatosa as Third Trial Set for May 2026Source: Unsplash/ Sasun Bughdaryan

For the second time, a federal civil jury has been unable to reach a unanimous decision in the case against former Wauwatosa police officer Joseph Mensah, who shot and killed 17-year-old Alvin Cole in 2020. According to WISN, after deliberating for about 10 hours, the eight-person jury sent a note to U.S. District Judge Lynn Adelman indicating no further discussion would help to alter their fundamentally divided stances. The same situation unfolded previously in March, when, after a shorter period of deliberation, the jury also deadlocked.

The deadlock comes despite the family's relentless pursuit of a civil repercussion against Mensah, who has been at the center of controversy for using lethal force multiple times during his tenure with the Wauwatosa Police Department. "I'm happy because, you know, they could have said they don't see probable cause in my son's death, but somebody in the jury seen it," Tracy Cole, Alvin Cole's mother, told WISN. She vowed to continue the fight, adding, "I ain't going to give up. I'm still here fighting."

Mensah, who has since resigned first from the Wauwatosa Police Department and later from the Waukesha County Sheriff's Office, has had his actions deemed justifiable by the District Attorney's Office; no criminal charges were brought against him. The civil suit filed by the Cole family sought $9 million in damages during the retrial, down from $22 million in the previous trial. A third trial is currently scheduled to start on May 4, 2026, as gleaned from a report by the Journal Sentinel.

"Emotional cases can produce kind of difficult decision-making," said Attorney Joseph Wirth, representing Mensah, in an interview obtained by WISN. Meanwhile, attorneys representing the Cole family remain steadfast. "In order for Joseph Mensah to be right, everybody else has to be wrong. Period. And we will prove that come May 4," Attorney Nate Cade conveyed to WISN. The deadlock, a mirror of the past, brings forward no closure for the Cole family, nor a clear path just yet for the former Officer Mensah. 

According to FOX 6 Now, the case of Cole versus Mensah has resulted in another hung jury. The outcome highlights ongoing difficulties in reaching a verdict. The Cole family and their supporters have indicated they are preparing for the next round of legal proceedings as they continue to pursue justice for Alvin.