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Civil trial in Jones case delayed by appeals court review

Melissa Topey • May 12, 2013 at 5:46 AM

The Bryan Jones civil  trial scheduled for late July will probably be delayed because of a recent appeals court ruling.

Sandusky County deputies shot and killed Jones, 26, in July 2010, prompting his family to sue the county, Sheriff Kyle Overmyer and the deputies involved in the fatal shooting.

The family is asking a jury to determine a proper monetary award in the wrongful death lawsuit.

U.S. District Court Judge Jack Zouhary ruled in March that a jury could decide the case.

Attorney Teresa Grigsby, representing Sandusky County, filed an appeal arguing Zouhary’s decision violated county employees’ right of protection from lawsuits in the course of doing their job.

On Friday the Sixth Circuit Court of Appeals ruled that both sides have raised enough arguments to bear further scrutiny.

“Given that the factual-legal issue governing jurisdiction is a close call in this case, permitting the merits panel to consider the jurisdictional issue in the first instance is the most prudent course of action,” the judges wrote.

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Dennis Murray Sr., representing the Jones family, has questioned deputies’  tactics inside the home, as well as their decision to enter the home without first attempting to negotiate with Jones.

Murray said the decision does not mean a win or lose for either side.

“They said it was a close call,” Murray said. “But we are disappointed with the delay.”

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