MILWAUKEE — Surveillance video shows the moment Joel Rivera says his attempted Facebook Marketplace sale turned into an armed robbery, but the district attorney's office has declined to file charges in the case.
The video shows Rivera standing next to his alleged thief's car as he was waiting to be paid for an Xbox he was selling.
"Then he went into the driver's seat with the backpack, and instead of grabbing cash, he started rolling up the window, and before I could get my hand in the window, the window was up," Rivera said.
The video shows the man driving off with Rivera hanging out of the back window.
Watch: Milwaukee man claims Facebook Marketplace sale turned into armed robbery; DA declines to file charges
"I was so full of adrenaline I couldn't even think at the time," Rivera said.
That's when Rivera says he noticed a gun.
"I said, 'please don't do this, I want my Xbox back, please don't do this,'" Rivera said. "He just kept telling me get out of his car, he was going to shoot me, he had his brother on the way, he threatened me a bunch," Rivera said.
Rivera was able to get his Xbox back and escape. He reported the incident to the Milwaukee Police Department, who later arrested the man.
Rivera thought a criminal case would be next.
"I was expecting a call from the DA, and that never came," Rivera said.
According to an MPD spokesperson, "Criminal charges were referred to the DA; however, charges were not issued."
When I asked the district attorney's office about its decision not to charge the man, they responded in an email: "We do not believe that we have sufficient evidence to prove any criminal charge beyond a reasonable doubt."
The DA's office said they are looking for additional witnesses to gather more evidence.
"If things like this don't get prosecuted, I feel it's not what the community wants. I think the community wants better," Rivera said.
For Rivera, he still faces trauma weeks after the incident.
"I'm scared that he might come back. I'm hoping he learned his lesson and won't come back. I would've been more hopeful if he was prosecuted and learn his lesson that way," Rivera said.
After I sent an email Tuesday morning, Rivera told me he got a call from the DA's office about filing a restraining order.
This story was reported on-air by Brendyn Jones and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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