Attorney General Schimel: Officers will not be charged in Neenah motorcycle shop shooting



NEENAH -- Attorney General Brad Schimel says two police officers who shot and killed a hostage during a December 2015 incident at a Neenah motorcycle shop will not face criminal charges.

Michael Funk



"We are certain in hindsight that Mr. Funk was an innocent hostage who was simply trying to escape," Schimel said.

Schimel held a news conference at Neenah City Hall on Friday to announce the conclusion by the Justice Department in the fatal shooting of Michael Funk by two police officers.

"I also conclude that the evidence demonstrates that the officers believed that when they fired their weapons that Mr. Funk was engaged in behavior that threatened  the lives of themselves and/or others," Schimel said.

In short, Craig Hoffer and Robert Ross will not be charged.

Schimel laid out the perceived threat the officers faced.

Brian Flatoff



On December 5th, suspect Brian Flatoff, who is now charged with felony murder, allegedly held people hostage inside Eagle Nation Cycles in Neenah. Law enforcement converged on the scene. When Flatoff threatened to kill the hostages in one minute, the SWAT team moved in. Flatoff fired at them, striking officer Hoffer in his helmet. The officers retreated, believing this was not a hostage situation.

"Recordings reveal that officers stated that they believed  they'd been ambushed and baited for the purpose of being shot at and killed," said Schimel.

Schimel said officers heard more shots fired and saw a man out back. A sergeant said, "This is him."

"Initially, the man had his back toward officers, however, he then hopped backward, toward the rear of the truck and began to spin or turn counter-clockwise to  his left and officers could see the gun still in his right hand," Schimel said.

As he was in motion, Officers Ross and Hoffer fired, killing Funk, who was still holding an unfired gun.

Flatoff eventually surrendered.

Hostage situation in Neenah



Schimel said it is the officers' perceived threat of imminent death or great bodily harm to themselves or others that makes this a justified shooting. He also believes Funk was shot by Flatoff as he was escaping the building as well.

There may still be a civil suit against the officers -- which has a different standard of proof.

CLICK HERE to view the summary report and public records related to this incident