Post by abbey1227 on May 24, 2021 3:30:05 GMT
photo accompanying the 'news' piece.........
Family of Jonathon Tubby to appeal police custody death case
By WBAY news staff Published: May. 23, 2021
GREEN BAY, Wis. (WBAY) - Family members of a 26-year-old man who died in police custody in 2018 say they will appeal their case after a federal judge dismissed the lawsuit earlier this week.
During a news conference early Sunday afternoon, the family members of Jonathon Tubby announced the decision to appeal, saying the case will be sent to the U.S. Court of Appeals for the 7th Circuit. You can watch the full news conference below.
In addition, family members tell Action 2 News they will be appealing a Cost of Court bill filed by Brown County totaling $19,920.59. During Sunday’s news conference, family members emphasized they received the bill for court costs, but a lack of apology.
In a 31-page judgment, Judge William Griesbach said the family’s arguments were “based on hindsight and conjecture.” They contended police should have known Tubby wasn’t armed since he was checked before being placed in the squad car -- though police contended the officer could have missed a gun or someone could have hidden it from an earlier arrest.
During a news conference early Sunday afternoon, the family members of Jonathon Tubby announced the decision to appeal, saying the case will be sent to the U.S. Court of Appeals for the 7th Circuit. You can watch the full news conference below.
In addition, family members tell Action 2 News they will be appealing a Cost of Court bill filed by Brown County totaling $19,920.59. During Sunday’s news conference, family members emphasized they received the bill for court costs, but a lack of apology.
In a 31-page judgment, Judge William Griesbach said the family’s arguments were “based on hindsight and conjecture.” They contended police should have known Tubby wasn’t armed since he was checked before being placed in the squad car -- though police contended the officer could have missed a gun or someone could have hidden it from an earlier arrest.
Tubby’s estate also accused the police chief and the city of a lack of training for officers.
In his decision, Judge Griesbach referred frequently to Tubby’s own actions during the standoff in the squad car and his repeated refusal to obey orders, including refusals to show officers more than one hand at any time while keeping the other under his shirt.
Griesbach also said it’s reasonable for police to believe a person with a gun in their hands is still a deadly threat even as they’re blinded by tear gas and being subdued by police dogs: “Although Tubby was brought to the ground after being hit with a beanbag gun round and was then engaged by a canine from behind, his upper body was unrestrained and his hand remained hidden under his shirt,” the judge wrote.
Tubby was fatally shot after a standoff with police in the sally port of the Brown County jail. Tubby was arrested on a felony warrant. He was handcuffed, but managed to move his hands from behind his back to the front and kept them under his shirt, suggesting to police that he had a gun, and refused to get out of the squad car. Police smashed a window and used tear gas, believing he would come out through the window and surrender. Instead, Tubby came out the window and ran.
Retired Green Bay Police Chief Andrew Smith, who was chief of police at the time of Tubby’s death and was a defendant named in the lawsuit, issued this statement to Action 2 News regarding the judge’s ruling:
In his decision, Judge Griesbach referred frequently to Tubby’s own actions during the standoff in the squad car and his repeated refusal to obey orders, including refusals to show officers more than one hand at any time while keeping the other under his shirt.
Griesbach also said it’s reasonable for police to believe a person with a gun in their hands is still a deadly threat even as they’re blinded by tear gas and being subdued by police dogs: “Although Tubby was brought to the ground after being hit with a beanbag gun round and was then engaged by a canine from behind, his upper body was unrestrained and his hand remained hidden under his shirt,” the judge wrote.
Tubby was fatally shot after a standoff with police in the sally port of the Brown County jail. Tubby was arrested on a felony warrant. He was handcuffed, but managed to move his hands from behind his back to the front and kept them under his shirt, suggesting to police that he had a gun, and refused to get out of the squad car. Police smashed a window and used tear gas, believing he would come out through the window and surrender. Instead, Tubby came out the window and ran.
Retired Green Bay Police Chief Andrew Smith, who was chief of police at the time of Tubby’s death and was a defendant named in the lawsuit, issued this statement to Action 2 News regarding the judge’s ruling:
“This was a truly tragic situation, as it is every time there is a loss of human life. Personally, I have been reviewing every facet of this case for more than two years now and the court’s decision was absolutely no surprise to me.” - Andrew Smith, retired Green Bay police chief
photo of this person's more recent appearance when he was shot by the police........
and just one of several online posts by the same fella........
Jonathon Tubby
Wtf is the point anymore is there anything in this fucking world i can not fuck up fed the fuck up maybe everybody been right this hole time well if ima be the fuck up ima be the best fuck up you ever seen but note i tried and my intentions have allways been for good i just have this way of finding a way to make even the most unlikley situations likley to be fucked everything i get close to i lose break hurt or just runaway from really dont see wtf im here for anymore u look at me and see prolly the same thing i see a mufuckka thats suprised hes still here cuz this reapeat of a letdown life is over due im soooo fucking done you domt even know but hey sum people put here to fuck shit up i guess
![[cheers]](http://storage.proboards.com/7182076/images/engyBVslEdpmpmdnBwZQ.gif)
