Deputies justified in fatal shooting, report concludes

Bubb had “commented that he’s not going back to jail”
By: 
Warren Bluhm
Oconto County Times Herald News Editor

An investigation by the state Department of Justice Division of Criminal Investigation concludes that two Oconto County Sheriff’s deputies were defending themselves when they shot and killed a gun-wielding suspect on May 17.

Jacob W. Bubb, 26, of rural Suring, died at the scene in the basement of the home where he sometimes stayed along County Road Z in the town of Bagley northeast of Suring. Oconto County District Attorney Edward Burke announced last week that after reviewing the DCI report, the deputies were justified in using deadly force.

DCI investigators submitted the report to Burke on June 17, and the Justice Department released 200 pages, in redacted form, on Sept. 2.

Bubb was awaiting trial on a felony charge of substantial battery and misdemeanor charges of criminal damage to property and disorderly conduct, in connection with an incident that allegedly occurred April 10, 2019. In another pending case, he faced misdemeanor charges of carrying a concealed weapon, operating a firearm while intoxicated, and possession of drug paraphernalia after an incident that allegedly occurred Feb. 6, 2019.

A warrant was issued for his arrest after he failed to appear for a Feb. 13 court hearing. According to the DCI report, the sheriff’s office had issued a caution report on Bubb’s warrant advisory because he had “commented that he’s not going back to jail,” and it was also known Bubb was a methamphetamine user and known to carry a handgun.

According to the newly released documents:

Deputies gathered information that Bubb may be staying at the residence on County Road Z and converged on that location. The homeowner told deputies that he wasn’t sure if Bubb was there but he had a place in the basement where he sometimes stayed.

The deputies, including Deputy Kevin Christensen and Sgt. Ben Schindel, went down to the basement and found Bubb sitting on a couch holding a handgun to his own temple. Schindel yelled, “Put the weapon down, put the gun down,” and he and another deputy deployed their tasers at Bubb.

Christensen told investigators that during the confrontation deputies yelled “drop the gun” several times and Bubb responded “I’ll do it” each time. After being tased, Bubb looked at Christensen “with a very angry look,” started to stand and lowered his arm from his head with the gun moving toward Christensen. At that point Schindel and Christensen opened fire, striking Bubb; Schindel said he fired two or three times, and Christensen said he took eight to 10 shots.

Both officers said they feared for their own lives as well as the lives of the other deputies in the room.

Christensen has been an Oconto County deputy for more than three years, and Schindel for more than four years.