Dean plans dig

CASTALIA — County orders autopsy 14 months after 19-year-old was killed. Jacob Limberios' body to be exhumed for second time Wednesday.
Emil Whitis
Apr 30, 2013

 

Sandusky County special prosecutor Dean Henry gave notice Monday: He plans to have Jacob Limberios's body exhumed Wednesday. 

"Based on the concurrence of everyone listed above, the disinterment will begin at 7 a.m.," Henry wrote in the notice he sent to an area funeral home and public officials. 

"It is my understanding that James Neill, cemetery sexton, will prepare the gravesite, Turner Vault will open the vault and Ransom Funeral Home will remove the (body) and transport him to the Lucas County Coroner's office," Dean wrote.

The Limberioses do not concur, Mike Limberios, Jacob's father said, nor have they been given an opportunity to concur.

"They're wearing me down," Mike said late Monday, after learning from a friend about Henry's decision to dig up his son. "I still have fight in me, but they're wearing me down."

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Henry has refused to keep the family informed about the status of his investigation. He did not inform them directly of his decision to schedule the exhumation. 

Henry has declined to address questions Mike and Shannon Limberios, Jacob's mother, have been asking for months, including why a second autopsy is necessary since county officials have a tissue sample from the previous autopsy.

"Detective (Sandusky County sheriff's deputy Sean) O'Connell told me, twice, that he 'knows what happened.' He said he knows exactly how Jacob died," Mike Limberios said. "So I don't understand what they want to show by digging up my son again. Just tell us why it's necessary. That's all we're asking. Tell us what you know."

Henry has refused to respond to inquiries about his reasoning for withholding information from the Limberios family. He's provided limited information about the investigation to the Fremont News-Messenger, but he's refused to provide responses that address the questions the family has raised, Mike Limberios said.

Henry hasn't changed that position.

"I don't have to explain anything," Henry told the Register when reached by phone on Monday. "We're going forward."  

Wukie sent a letter to Erie County officials, indicating forensic pathologist Cynthia Beisser, of the Lucas County coroner's office, needs to exhume Jacob's body to make an official ruling on the cause of death. Dr. Cyril Wecht  called his death a homicide and said the tissue sample he provided county officials is "incontrovertible evidence" of that.

Limberios family attorney Dan McGookey contends Henry and Wukie do not have authority to order an exhumation in Erie County. They must get that go-ahead from Erie County coroner Brian Baxter and Erie County prosecutor Kevin Baxter since Jacob is buried in Castalia Cemetery in Margaretta Township.

Henry disagrees. 

"Kevin Baxter didn't need to OK the exhumation," Henry said. "It's not his exhumation to OK." 

Kevin Baxter said previously that Sandusky County officials had to show a need for a second exhumation and autopsy. 

Erie County coroner Brian Baxter said he plans to call Beisser today to confirm information about a need for a second autopsy. 

Jacob was shot and killed March 2, 2012. Sandusky County officials ruled the death a suicide. He never examioned the body or went to the location where Jacob was killed. 

Wecht, a forensic pathologist hired by the Limberios family who conducted an autopsy in the fall, provided the tissue sample to county officials in February. Dean has refused to say whether the sample has been tested.

Mike Limberios said it's been extremely difficult these past 14 months and he's been dumbfounded and disappointed by Sandusky County officials. 

"Dr. Wukie said this would be an open and transparent investigation," he said. "My family has been open and transparent. We're not hiding anything."

"I feel sorry for the people of Sandusky County," he said. "How can they ever go before this court system and think they're going to be treated fairly?"

The Register will provide continuing coverage at sanduskyregister.com, including reaction from Castalia Cemetery on Wednesday. 

Sandusky County judges Barbara Ansted and John Dewey have not responded to inquiries about conflicts in the investigation. Wukie has not commented in the 14 months since his ruling.

Other Sandusky County officials — sheriff Kyle Overmyer, prosecutor Thomas Stierwalt and court administrator Brock Kimmet — also have refused to directly comment on concerns raised by the family, including the failure to order an autopsy initially, the destruction of evidence and the failure to retrieve evidence, and what they say are inconsistencies in the witness statements and inconsistencies in the investigation, overall. 

Comments

RNR

If this man decides do go through with the exhumation of Jacob, and Dr Wukie is to perform this autoposy (which he should have done in the first place) I really really really hope and pray that they have a second credible, indifferent, Doctor in which the family and Dr Wukie agrees with. This should NOT go on any longer! Let Jacob rest!!! Let his family rest!

I truly believe that this is more than a sucide.... and when the testing proves this... I believe that the police, who did not collect the evidence and laughed during the investigation should be FIRED. I believe Dean Henry should be FIRED for putting this circus on. And I believe that the person responsible and the ones who covered it up should have to pay back every single penny that the Limberos family and Sandusky county spent on this investigation.

OMGreally

Agreed RNR and at this point, I would be putting every elected official in Sandusky County on notice, letting them know that when elections come around this will be an issue, including county commissioners that are allowing this to happen and allowing this representation of Sandusky County...

Ithink

Don't give up Mike- don't let them wear you down- stay strong--there are enough people behind you to hold you up!

EdO's

"I don't have to explain anything," - Dean Henry

Arrogance to the extreme. You are a public servant and you do have to explain. Where is the sheriff?

Krissy3

He is definitely arrogant! Even Baxter said he needed to show reason, but he thinks he can take over Erie County's jurisdiction too.

asitwasstated

Sickening....truly sickening!!

mamaC

http://www.change.org/petitions/...

Please Support this family & Sign this Petition. Justice for Jake on facebook page for latest details. @JakeLimberios on Twitter also..

mrite

Thank you Mr Henry for doing your job. Please have an independant person with you or these turds will continue to crucify you.

Stay the course.

mrite

Since I am new to this would a moderator please explain what went wrong with this??? Is it because I am defending Mr Henry.

mrite

Apparently, jas and mikel are right when they say the Sandusky Register has their own agenda and when you speak against it they remove your comments. My post above attacked no one in particular rather merely spoke against the biased reporting of the Register and supported Mr Henry's work not neccessarily Mr Henry himself.

RNR

mrite.... He did not do his job in the first place. The family requested an autopsy from the begining.... and sandusky county refused. The family then had to use their own money to pay for their own autopsy (which should have been done by sandusky county in the first place) Apparently Mr Henry did not like the results..... after that, he decided to have an autopsy performed. Have you not read up on this?

Krissy3

I think people are missing the point. Anytime a person dies in a way such as this it deserves an investigation and autopsy. Since when can a "witness" say, oh he killed himself and "investigators" say okay, case closed? The bottom line is, Sandusky County has prolonged the suffering of this family because they neglected to do their JOBS! Instead of apologizing to the family they deny any wrongdoing.
They had ample opportunity to perform an autopsy before the family had to pay to get their own done and now Dean Henry has the audacity to question the credibility of the only person who even bothered to investigate this death? Even after Wecht sent him the tissue sample and told him to have it examined by anyone he chose and they would produce the same results?
Keep in mind that forensic pathologists, like Dr. Wecht are trained to do this kind of work, his specialty is forensic examinations to determine cause of deaths based on evidence. A coroner, like Dr. Wukie, is nothing more than an elected official. He is a doctor but if I am not mistaken his specialty was treating live people in a family practice. He doesnt even perform autopsies, he sends them to Lucas County. What arrogance he must have to stand by his contradictory accidental suicide ruling despite never even bothering to look at the body, when a person who SPECIALIZES in forensic autopsies says that it was not a suicide.
Common sense tells me that even if we ignore the lack of investigation and autopsy, a suicide implies intent. Therefore, Wukie should have determined the cause of death as accidental from the beginning and maybe this whole can of worms would have never been opened.
Common sense also tells me that in the case of a gunshot wound it is very clear that if there is no stippling or searing it is a distant wound. Consider the gun to be fire... The closer it is to you the more likely you are to be burned. The same is true with a gunshot. If it was contact or close contact there would be a black ring burned into the skin surrounding the wound. If it is an intermediate wound there will be stippling. If it is distant there will be nothing. This is what Wecht indicated in his autopsy in which he says the results are pretty self explanatory. O'Connell also expesses this in his initial meeting with the Limberios family. Over the course of his "investigation" he seems to have gotten amnesia to the fact that he stated if Jake had shot himself there should've been some stippling...

skydog44870

I may be all wet but one would think since the county coroner released Jakes body to the family back in March and assuming the family bought and paid for the cemetery plot, then both would be the property of the family. And since the exhumation is for the purpose of examining and collecting evidence from the body without the family’s permission one would think they would need to obtain a search warrant with probable cause filed through the Erie County Courts.