GREEN BAY, WI (WTAQ) – Brown County District Attorney David LaSee announced Friday that his investigation determined that Green Bay Police Officer Erik O’Brien was justified in using lethal force against 26-year-old Jonathan Tubby last October.
“We believe that the self-defense privilege would apply in this case, and therefore we will not be issuing criminal charges against Officer O’Brien.
Tubby was shot and killed by Officer O’Brien after being transported to the Sally Port of the Brown County Jail.
Tubby had a warrant for his arrest and was taken into custody after a traffic stop for running a red light.
LaSee explained that while Tubby was handcuffed with his hands behind him, while officers were searching his vehicle, he was able to change that position.
“Jonathan was able to move his handcuffs from behind him to in front of him.
In a separate press conference, Green Bay Police Chief Andrew Smith displayed a video of Tubby bringing his hands to his feet and placing his feet inside the cuffs. It then shows Tubby placing his hands inside his shirt.
“He has got his hands under his shirt in a manner consistent with possessing a gun.”
LaSee said O’Brien then had reason to believe that Tubby had a weapon.
He added that officers tried multiple times to use verbal communication to get Tubby to comply, but at no time did Tubby ever show both hands.
Once the officers were able to see inside the vehicle, LaSee said they indicated that it appeared that Tubby had an object under his shirt, pointed at his chin, and said Tubby told officers that he would do it, indicating harming himself or officers.
Photos show a cylinder type appearance at the tip of the simulated weapon which gave officers more of a reason to believe that it was a firearm.
Chief Smith explained that an initial search was done, but that was just a patdown and it is not foolproof, and sometimes things get missed.
“That means a brief search of the person’s body. It is not a thorough search.”
Smith said no weapon was ever found on Tubby and another object may have simulated the weapon.
“We found a quarter inside his clothing. There is speculation that he may have used that quarter on the tip of his finger to make it look like a weapon.”
Chief Smith says the officers had reason to believe that they either missed a weapon during their initial search of Tubby or that he located a weapon that may have been left behind or ditched during a prior arrest made in that squad car.
Eventually, officers use non-lethal force to break the back window of the squad car and used OC spray to get him out of the vehicle.
Tubby was shown on video exiting out through the broken out back window and jumping on the back of the squad car, keeping one hand inside his shirt.
LaSee said that is when officers took action.
“Officers discharged a less-lethal beanbag round while he was standing on the back of the vehicle.”
That caused Tubby to fall from the vehicle. Tubby was able to get back up and started charging at Officer O’Brien who then shot 8 rounds at Tubby, striking him five times.
District Attorney LaSee says the officers used multiple verbal tactics to get Tubby to comply. He added the fact that he simulated a weapon and gave officers no reason to believe that he had a weapon and the threat he posed by running towards and an officer were key parts to his final decision.
The family of Jonathan Tubby released a statement after the announcement.
The family of Jonathon Tubby has received notice of the decision by District Attorney David Lasee not to prosecute the officer that shot and killed our son, nephew, and brother. We are disappointed by the decision and disagree with the conclusions of the District Attorney. The District Attorney’s decision brings our family further hurt and grief.
We ask the community to continue to reserve judgment in this matter. The District Attorney’s findings and conclusions are not facts, they are opinions of the District Attorney as to whether a murder charge could be proven beyond a reasonable doubt. The District Attorney’s findings and conclusions are not a comprehensive or unbiased summary of all evidence in this case. Jonathon has never had an opportunity to tell his side of this story and we believe that as the civil lawsuit progresses, a more complete and accurate picture of Jonathon and the events of October 19, 2018 will come to light.
Causing more pain does not heal, and we continue to advocate for peace and for allowing the justice system to run its course. The story of Jonathon is not over. We believe justice must be served and will continue to pursue all avenues to hold the police officers involved, the City of Green Bay, and Brown County accountable for the shooting of an unarmed man. We hope that the Green Bay Police Department and other law enforcement agencies work toward developing better training and equipment to protect and serve the citizens they serve and themselves as well. The citizens of Green Bay and Brown County deserve a police force that seeks to protect and serve the community, they deserve a law enforcement department that has appropriate training and equipment.
We will continue to work through our anger and grief with a hope that someday we will be able to feel forgiveness and peace. Our family is holding a community gathering to work towards healing, everyone invited, all communities are invited to join us. There will be healing and support people available to help deal with the grief. This event is being offered to help us share our desire to move forward, to heal and to help those who may need to express their feelings in a good way. The gathering will take place, Saturday, February 2, 2019 at 1641 Comanche Avenue, Suite H, Green Bay, 54313, from 1:00 p.m. to 3 p.m., everyone is invited.
We appreciate the respect and support we have received and are grateful for those who continue to support us.
Documents From the Department Of Justice
– Wisconsin Department of Justice Documents.
-Smartphone Video From Jerry Johnson
-Video from the squad car that Tubby was in (Warning: Graphic Content and Language)
– Video from the squad car in the Sally Port (Warning: Contains Graphic Scenes)
– Video from the squad car outside the Sally Port
