GREEN BAY, Wis. (WFRV) – United States District Judge William Griesbach has reached a conclusion with the case involving the death of Jonathon Tubby, who was fatally shot by a Green Bay Police officer.
The case started in 2018 when Tubby was arrested on October 19 after a routine traffic stop, when it was discovered he had warrants for his arrest. 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 car, 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.
Records say 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 Green Bay police officer Erik O’Brien with his hands still concealed.
O’Brien then shot Tubby five times, and Tubby died at the scene.
The Brown County District Attorney’s office says Tubby was impaired at the time of the shooting, by multiple substances, including methamphetamine.
In 2019, the D.A.’s office decided no charges would be filed against Officer O’Brien.
Tubby’s family released a response to Local 5 shortly after stating, “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.”
On May 20, 2021, District Judge Griesbach dismissed the family’s lawsuit against Green Bay and Brown County law enforcement and the remaining state law claims without prejudice.
Griesbach also granted the restriction of the medical examiner’s report and autopsy photos.
In deciding whether Officer O’Brien used excessive force while dealing with Tubby, the court came to the conclusion that the force used was not excessive and no Fourth Amendment violation occurred.