GREEN BAY, WI (WTAQ) – Friday’s announcement that Officer Erik O’Brien will not be charged for fatally shooting Jonathon Tubby last October brought back more emotion and sadness to the family and friends of Tubby.
O’Brien fatally shot Jonathon Tubby at the sallyport of the jail, an area where inmates are brought in and out, according to investigators.
Brown County District Attorney David Lasee stated that O’Brien was acting in self-defense when he shot Tubby, because there was a reasonable belief that Tubby had a gun.
The following statement was released by Tubby’s family following the decision:
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.
A gathering took place Friday afternoon amongst Tubby’s family, his friends, and those in support to hear the District Attorney’s decision.
“I just think it’s a disgrace, a disgrace to Green Bay, a disgrace to Brown County,” says Lorenzo Gonzales, a family friend. “I don’t think a District Attorney from Brown County should be prosecuting any Green Bay Police officer, it should be an outside attorney because you’re only going to get what we saw happen.”
Tubby’s race impacted the decision, according to Gonzales.
“This is no surprise,” he says. “Green Bay is known for being crooked and letting their officers do what they want, especially when it comes to the minority community.”
Others were frustrated, including Stephanie Ortiz, the co-founder of Green Bay’s Black Lives United.
She has been in close contact with the Tubby family.
“I knew that outcomes like this generally happen in situations like this, but with the facts that he was unarmed, searched, and handcuffed I had hope that there would be some justice and accountability,’ she says.
A civil lawsuit against a number of people, including the Green Bay Police Department and the Brown County’s Sheriff’s Office, has already been filed by the Tubby family.
“If that means protesting outside of the police department after the rally that’s what we will do, but we will be following the lead of the family and going from here,” she says.
