GREEN BAY, Wis. — The Brown County District Attorney's Office says an officer won’t face charges for fatally shooting a handcuffed man because the man made it appear he was armed by hiding his hands under his shirt.
Brown County prosecutors said Friday that 26-year-old Jonathon Tubby simulated the shape of a firearm under his shirt and told officers, “I’ll do it.”
Green Bay police detained Tubby on Oct. 19 for running a red light. They also had a warrant for his arrest. Police say his hands were behind him when he was cuffed but he moved them to the front on the way to jail. Police say he refused to leave the car once they got to the jail entry and mimicked having a gun under his shirt.
Authorities say Officer Erik O’Brien shot Tubby when he ran from the car toward another officer.
Brown Co. District Attorney's Office says O’Brien will not be charged in the case.
The family of Jonathon Tubby released the following statement:
"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 1:00p.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. "
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The Associated Press contributed to this report.
