ONEIDA (NBC 26) — On Sunday, the family of Jonathon Tubby, a man who died in police custody in 2018, said they will appeal their case after a judge dismissed the family’s lawsuit.
Jonathon Tubby was handcuffed and unarmed when Green Bay Officer Erik O'Brien shot him five times and killed him at the Brown County Jail in October 2018. After an investigation by the state Department of Justice, Brown County District Attorney David Lasee ruled O'Brien acted within the law, and would not face charges.
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O'Brien maintained he believed Tubby was armed and therefore was justified in shooting him.
“So, after discussion amongst our family and with our attorneys we have decided to appeal Judge Greisbach’s decision to the U.S. Court of Appeals for the Seventh Circuit. Our fight is not over!” said Arlie Doxtator, Jonathon’s uncle.
Tubby’s family also said they will appeal a cost of court bill filed by Brown County.
That bill totals $19,920.59.
“On Friday, May 21 we received notification from our attorney that Brown County has filed a bill of costs to the court and against Jonathon’s estate in the amount of $19,920.59 for the cost of deposition transcripts,” Doxtator said.
The family went on to say this only devastates them even more.
“Our family is shocked and again disheartened that almost three years of fighting for the wrongs that were done to our Jonathan, that Brown County shows absolutely no empathy or remorse for Jonathon’s death,” Doxtator said.
Tubby’s aunt said everything they are doing, they are doing it with a good mind and good heart out of love for their nephew.
“Never once have we said or done anything out of anger or hatred or revenge,” said Sarah Wunderlich, Tubby’s aunt.
