DOJ identifies man killed in Brown County Jail shooting, officers on leave

Published: Oct. 26, 2018 at 4:19 PM CDT
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The Wisconsin Department of Justice has released the names of two Green Bay Police officers involved in a deadly shooting in the sally port of the Brown County Jail, and the man who was killed.

The man who died in the shooting was identified as 26-year-old Jonathon C. Tubby. An autopsy on Tubby has been completed, but results have not been released.

Tubby's family released a statement asking for people to stop spreading rumors and speculation and to focus on helping them heal. "Jonathon was fun loving and free spirited, never passed judgement and had friends from all walks of life. If you… were good to him, he was good to you." Scroll down for the full statement.

The two officers who were placed on administrative leave were identified as Erik O'Brien and Colton Wernecke.

Officer O'Brien was the only officer to fire his weapon during the incident, according to the DOJ. He has six years with the department.

Wernecke has three months with the department.

The shooting happened at about 9:11 p.m. on Friday, Oct. 19.

Tubby had been arrested earlier in the evening on a felony warrant from the Brown County Sheriff's Office. He was stopped for a traffic violation in the 300 block of Main St. at about 7:24 p.m.

A female passenger was discovered to have an outstanding warrant from the Department of Corrections.

A Green Bay senior police officer and a trainee made the stop. They called for a squad to take the female to jail while they transported Tubby to jail.

The DOJ says while in the sally port, "a confrontation occurred and Green Bay police fired and struck the man."

Officers attempted life-saving measures and called paramedics. Tubby was pronounced dead at the scene.

No officers were hurt. "Due to the very long confrontation with Mr. Tubby in the sally port of the jail, many additional Green Bay area law enforcement responded and were on scene when the incident occurred," the DOJ says.

Officers O'Brien and Wernecke are on administrative leave pending the outcome of the investigation by the DOJ's Division of Criminal Investigation.

DCI says more than two dozen interviews of witnesses and officers need to be completed. Investigators are analyzing "significant amounts" of audio and video.

Once the report is complete, the agency will turn it over to the Brown County District Attorney's Office.

The Brown County Sheriff's Office tells Action 2 News the video system in the sally port does not record video. The system was installed when the jail was built in 2001, and it offers a "live view" only to track movement of people who are coming and going.

An upgrade of the video systems overseen by the Sheriff's Office--including the jail, court house and Huber work release center-- was approved as part of the 2017 county budget. The upgrades were staggered, with the Huber center and court house systems completed first. The jail's video system upgrade is scheduled to be completed in 2019. That schedule was made prior to the shooting at the jail, sheriff's officials tell Action 2 News.