Brown Co. D.A. Rules Self-Defense, Will Not Pursue Charges Against Green Bay Officer

Local News


FRIDAY 2/1/19 1:00 p.m.

The Brown County District Attorney’s Office has announced they are not filing criminal charges against Green Bay Police Officer Erik O’Brien, after O’Brien shot and killed 26-year-old Jonathan Thubby in October.

At a press conference Friday afternoon, D.A. David Lasee said his office has concluded that Officer O’Brien was acting in self-defense when he shot Tubby, and that O’Brien though Tubby had a gun and was posing a threat to the officer present.

Tubby was arrested on October 18th last year after a routine traffic stop, when it was discovered he had warrants out for him. He was then handcuffed and transported to the Brown County Jail. While being transported, Tubby was able to maneuver his handcuffs from behind his back to his front. Upon his arrival to the jail, officers say Tubby was non-compliant with requests to exit the vehicle, and had his hands under his shirt, holding them as though he was in possession of a gun. Tubby also reportedly threatened suicide and told the officers, “I’ll do it to whoever open the door first”. Officers eventually broke the back window to observe Tubby, and utilized O.C. spray. Tubby then climbed out the back of the squad car and stood on the hood, before being hit with a beanbag round from officers. He fell down, and after a second round missed him, ran toward O’Brien with his hands still concealed. O’Brien then shot Tubby five times, and Tubby died at the scene.

“We believe that the self-defense privilege would apply in this case, and therefore we are not going to be issuing criminal charges against Officer O’Brien,” Lasee said. “We believe his actions were legally justified under Wisconsin law, using the self-defense privilege.”

The D.A.’s office says Tubby was impaired at the time of the shooting, by multiple substances, including methamphetamine. To read the response from Tubby’s family to the decision, click here.

FRIDAY 2/1/19 11:00 A.M.

The Green Bay Police Department says they will be holding a press conference on Friday at 3 p.m. in response to the press conference being held by the Brown County District Attorney’s Office at 1 p.m. regarding the death of Jonathon Tubby who was shot and killed during an incident at the Brown County Jail Sally Port in October of last year.

“The Green Bay Police Department believes in transparency,” Chief Andrew Smith said in a statement. “We believe that it is absolutely vital when it comes to earning and keeping the community’s trust.” 


1/29/19 7:16 P.M.

The investigation continues in the death of Jonathon Tubby that happened October 19th. 

On Tuesday, the Brown County District Attorney’s Office has announced that they received all the necessary materials from the Wisconsin Department of Justice Division of Criminal Investigation. 

Reports, audio and video recordings, photographs, written and recorded statements, the autopsy report, crime lab findings, scene diagrams, and other materials were all among the items the Brown County DA have looked over.

They will be making an announcement on their findings and conclusions Friday, February 1st at 1:00 pm. 

Stick with Local 5 for the latest on the investigation and the announcement. 

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