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Report: 'Police shot Funk without warning'

Posted at 12:44 PM, Apr 28, 2016
and last updated 2016-04-28 23:15:11-04

USA Today Network-Wisconsin posted a dash cam video recorded on the day of a standoff and hostage situation at Eagle Nation Cycles in Neenah.

During the incident, officers fired shots at Michael L. Funk, who was running out of the building. He died from his injuries. 

The report alleges; "Police officers gave hostage, Michael L. Funk no warning to drop his hand gun before they shot and killed him Dec. 5."

The video reportedly contradicts the initial account of how the incident transpired.

In a prepared statement, issued on the day of the incident, Neenah Police Chief Kevin Wilkinson said officers shot Funk who didn't obey orders to drop his hand gun.

The criminal complaint against the hostage taker, Brian Flatoff, stated officers yelled, "Police, show me your hands." Or, "Police, drop the gun." 

By now, after countless views, Wilkinson says it seems pretty clear "the video supports that there was no warning," says Wilkinson. "You should be able to hear it if there is one. It's clear that there was some inaccurate information in there," he adds, regarding the initial report. "It's based on the best information that we have available at that time."
 
That information, says Wilkinson, has been limited solely to eyewitness testimony as the D.O.J keeps a tight wrap on officers' accounts during this investigation.

The report also questions a police statement that Funk received medical attention and died at the hospital.

USA Today Network -Wisconsin says the video shows police brought an armored vehicle into the ally next to the business but did not make an attempt to help him.

Chief Wilkinson would later admit Funk did not receive immediate medical attention.

The state Department of Justice is investigating the incident. How USA Today Network- Wisconsin obtained the video is not known.

"We're wanting to make sure through this process we come to the truth," says Neenah city attorney Jim Godlewski.
 
It's unfortunate, says Godlewski, that the video was leaked before the D.O.J's final report.
 
"It's important that people keep in mind that there's a context to all of this," says Godlweski.
 
A big part of that context, says Godlewski, is remembering officers on scene had just been allegedly shot at by suspect Brian Flatoff before Funk exited Eagle Nation. 
 
"When an officer faces an imminent threat of great bodily harm, or death, giving a warning is not required," says Godlewski, "We have to keep in mind that this is precipitated from an individual that took hostages, and is facing multiple felony counts."
 
"I would say they responded according to training," adds Wilkinson, "exactly as they were trained."
 
But for Funk's daughter, it's a split second decision that cost her her father.
 
"It was all taken away without warning, without even an opportunity to get on the ground," says Athea Callahan. "It's just heart-wrenching, and unforgivable."

The media outlet reports it filed public records request for the video and none of the requests were granted. NBC26 also filed requests. However, the D.O.J. replied the video would not be released until the conclusion of the investigation.

Flatoff faces 11 felony charges including felony murder and attempted first degree intentional homicide. Funk's family has filed a $3.5 million wrongful death lawsuit against Neenah and three of the city's police officers. 

Read the full story

Watch the full video from USA Today Network-Wisconsin

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