A Neenah widow is suing two police officers who shot and killed her husband back in December. You'll recall Michael Funk, a hostage in the Eagle Nation Cycles standoff with police was shot at least 9 times by authorities when he tried to escape from his alleged captor Brian Flatoff. This week Funk's wife says police used excessive and unnecessary force in the killing of her husband and is suing the officers involved.
Earlier this year Wisconsin’s Attorney General Brad Schimel stated that no one would be held responsible for the death of Michael Funk.
"The officers acted in reasonable self defense under Wisconsin law," said Schimel at a press conference held in Neenah.
A state investigation determined the officers believed they were called to the Eagle Nation Cycles to be ambushed.
"They’re observations upon entry into the shop indicated a setup rather than a hostage situation," added Schimel.
But Funk's wife, Theresa Mason Funk believes officers should have refrained from firing at her husband. In court documents just filed her and her lawyer state that dispatch told officers exactly what both the hostage taker and her husband were wearing. They also told police there was only one hostage taker, Brian Flatoff, and therefore officer’s belief that they were being ambushed was unfounded according to those documents.
One other statement that stood out according to documents filled was that police realized they had shot Funk and not Flatoff within just four minutes of the event unfolding. But, Funk would lie in the alley way for 30 minutes before being taken to the hospital.
Funk's wife is asking for a trial by jury and suing both officers who fired on her late husband for death related expenses, loss of companionship and wrongful death.
