ONEIDA, WI (WTAQ-WLUK) – A fight for justice and a fight for change, that’s what the family of Jonathon Tubby says it’s striving for.
The family plans to appeal the federal court’s decision this past week to throw out their wrongful death lawsuit.
“We believe that the decision that was made by Judge Griesbach is because he doesn’t want to look internally. He doesn’t want to make those changes to hold officers accountable so they don’t have to make any changes at all, so they don’t have to abide by the laws like we have to,” Tubby’s aunt, Sue Doxtator said.
Tubby was shot inside the Brown County Jail’s sally port in October 2018, where individuals are brought in to be booked into the jail.
He was shot by a Green Bay police officer.
Brown County District Attorney David Lasee announced he would not seek charges following a state investigation.
The federal wrongful death lawsuit was filed soon after.
On top of the appeal, the family also faces another challenge: a bill of costs from Brown County.
“Our family is, as you can imagine, shocked and again disheartened that almost three years of fighting for wrongs that were done to Jonathon, that Brown County shows absolutely no empathy, remorse for Jonathon’s death,” Tubby’s uncle, Arlie Doxtator said.
The cost totals $19, 920.59 for deposition transcripts.
Tubby’s family says they’ll continue to fight.
“Change has to come. This change is bigger than us, this change is bigger than this generation, the changes that are going to need to happen are going to happen within the next few generations. We’re only one small piece of that puzzle. If Jonathon was called home to be a part of that puzzle I think that’s a pretty honorable way to go,” Arlie Doxtator said.
Green Bay Police Chief at the time, Andrew Smith, called Tubby tragic, but his officer was justified in his use of force.
