DeWine gets file

Attorney General takes over death investigation 15 months after Jacob Limberios was killed.
Jessica Cuffman
Jun 1, 2013

 

The Ohio Attorney General's office received the official request Friday to investigate Jacob Limberios' death.

"The next step will be to assign a special prosecutor," said Dan Tierney, spokesman for the attorney general's office. "By the nature of it switching over, the special prosecutor will look over any materials that are currently in the investigative file."

That will mean a review of nearly 2,000 pages of documentation former special prosecutor Dean Henry compiled after taking over the investigation earlier this year. A new judge in the case, Dale Crawford, removed Henry from his role this week after citing a conflict of interest with Henry's representation of Sandusky County coroner John Wukie in an accompanying civil case.

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Jacob Limberios died of a single gunshot to the head on March 2, 2012, when he was at a York Township home. Three witnesses at the scene said he shot himself with his .357 Magnum, and without ever visiting the site, Wukie ruled the death an accidental suicide.

Sandusky County officials quickly closed the case, and refused to reopen it as a criminal investigation until after Jacob's parents, Mike and Shannon Limberios, had an independent forensic pathologist perform an initial autopsy.

Dr. Cyril Wecht ruled the death of homicide, citing a lack of stippling around the bullet's entry wound, which indicated the firearm was at least 18 inches from Jacob's head when it was fired. 

Henry later ordered a second autopsy through the Lucas County coroner's office. The results were startling.

Dr. Cynthia Beisser said Wecht incorrectly determined the entry wound was on the left side of Jacob's head — that in fact, the shot entered from the right side, a contradiction not only to Wecht's ruling, but to the evaluation of all first responders at the scene of the shooting that night.

Now, however, it will be up to an assistant prosecutor through Ohio Attorney General Mike DeWine's office to determine how to move forward in the criminal investigation.

"Generally, when we investigate a case, we look at any possible crimes that could have occurred regarding the incident," Tierney said Friday.

As for what the exact scope of the investigation, the office will need to review Henry's original appointment to the case, issued by Sandusky County judges John Dewey and Barbara Anstead, who both have since recused themselves after protest from the Limberios family about their possible conflicts of interest.

Both judges interjected themselves without a court case to appoint Henry, and then issued a confusing ruling affirming the appointment after the Limberios family challenged it due to the conflicts it created. 

Neither judge has offered an explanation for their reasoning in the appointment without considering the conflicts. Dewey stepped down after the Limberios family filed a complaint with the Ohio Supreme Court, contending his involvement was unethical. He did not respond to the complaint or address the ethics question.  

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Comments

usmc21

Charge all three witnesses with murder and see how fast the other 2 start talking and telling the truth.

Simple Enough II

With what evidence? Seriously what evidence points to anyone of those 3?

Tootsiemomma

I agree , usmc . I always said that if you start charging the witnesses with something they will all sing like canaries !

Really are you ...

They should have at least charged the kids with underage consumption that day, separated them right a way, and not let them see what was happening around them. They would have really been singing then, a little tipsy and all.

Simple Enough II

If you were to read the reports, they were seperated before being interviewed.

Fromthe419

I was thinking the same, I'd hate to be those three "friends" right now. This isn't the good ole boy network of Sandusky County, you're now talking about the State of Ohio that does not care about what goes on in Sandusky County. I wouldn't be surprised if some county officials end up getting indicted as well.

chongo

and when the findings come out the same as it's been the whole time, who will the family cry to next.. good lord, stop wasting my tax dollars to have nothing but the same findings over and over.. I want justice in all crimes, but how many times to we have to hear the same conclusions....

Simple Enough II

I have the same opinion. If a mistake was made, do you honestly think all of these folks are such Narcissus that they would cover up/ lie over a mistake?

Turduckenbreath
Commenter

That was a good article.

mrite

After reading this article many questions in my mind:

1. "..Jacob Limberos took his handgun to a gathering.." Why Did Limberios take HIS gun to another residence? Isn't it illegal to carry a loaded handgun without a CCW? Did he have a CCW? Was he there to cause trouble? Brag and show off his "piece"? Maybe someone would try to explain this.

2. ".. They want a judge to force Wukie to reconsider and modify his ruling.." So, anytime someone disagrees they should get a judge and try to force a change? If Wukie truly believes this why should he change?

3. "..about the forensics behind the murder of JonBenet Ramsey.." Have they found her murderer? Determined a true cause of death or merely speculation?

4. "Wukie asked the sheriff’s office to reopen the case last fall, and he has maintained he would change his ruling if presented with credible evidence, Henry said" So, Wukie has not closed the door but just wants more evidence to change his mind. What further steps has the Sheriffs office taken?

RUKidding

My understanding is that the handgun was taken to this gathering because somebody wanted to purchase the gun. A CCW is for carrying under concealment. That's why it's called concealed carry.

The family wants Dr. Wukie to modify his ruling because it doesn't make sense for a person to commit suicide without intent to kill themself. First of all, he has suicide listed and then he has that it was accidental. Second of all, the fact remains that this was a case where he died violently no matter how it was done and the coroner didn't even come look at the body or order an autopsy which is typically done when somebody dies in the matter that this young man did.

chongo

I do believe that is where the accidental portion comes from.. not one intends to do an accident.. come on ppl

RUKidding

The definition of suicide is to kills oneself with intention. Not by accident. The definition of an accidental death would be if he had accidentally shot himself. The definition of manslaughter is to kill another without malice. That would be if one of the witnesses had accidentally shot him.

So...by very definition, you can't accidentally commit suicide.

Simple Enough II

Hypothetically speaking of course, but say folks are partaking in alcohol and possibly illicit drug/s, and a game of Russian roulette takes place and a player makes a fatal pull? Suicide ( knew gun had a round in the cylinder, intentionally put to head & pulled trigger.) Accidental ( didn't think it would happen).

mrite

So if he is driving down the road and gets pulled over and has a loaded handgun on the seat it's legal?

Really are you ...

Guess so. It happened in Milan not too long ago. I forget the whole story, but the guy shot himself in the parking lot of the police station after the officer told him to drive and meet him at the station.

tk

So they are going to read the files sent to them by Dean Henry. Do you really think Henry is going to send them anything that contradicts what he has been saying? Don't expect any new revelations from Mike DeWine.

Julie R.

I have a lot more faith in DeWine than I did the last two worthless ones. That Cordray was something else with his idiot claim that corruption was the fault of THE PEOPLE for voting in the same public officials term after term when we all know the majority never have anybody run against them. Another good example was Cuyahoga County ...... how many whistleblowners tried to report the corruption going on there for years and were ignored by Cordray and the clown before him?

takeastand

Well Chongo if you have any children I certainly hope you are never is this situation!! I can think of alot more ways our tax dollars are wasted than on finding out the truth to what happened to a son, father, and brother!! Have some compassion for the family and shut up!!

chongo

Im sorry, but hasn't a ruling been found and filed, on more then one occasion???? How many more times is our tax dollars and time wasted to find the same thing over and over.. not to mention if/when children come in to play, gun education is #1 on the list so things like this don't happen.. but accidents are accidents

my2cents

Tax dollars wouldn't have been wasted if the job was done correctly the first time. I agree. Charge all three with murder they'll start singing.

WiseManOnceSaid

I'm perfectly ok with my tax dollars being spent to investigate the murder of an individual. There are many worse ways that money is spent. I believe the AG will start charging them with the small things like drinking with a firearm and start building pressure on the witnesses. I'm sure the witnesses have had a tough time with their friends and families, but I think they also have a sense of security knowing the County does not want to look any more incompetant than they already do. Now you can start putting pressure on them and the one who is not dating the one who fired the gun will probably tell the truth..

chongo

ok, and if he does charge them w/ small things, and nothing else comes of it, then what will ppl cry for??? just keep dragging this out longer and longer until someone can blame for an accident..

Julie R.

If somebody else was holding the gun and it accidentally went off ~ and I believe that's what probably happened ~ I don't know how anybody could even live with himself/herself by keeping something like that a secret. If the other two that were present know the truth, I don't know how they can live with themselves, either.

takeastand

Chongo no one really cares about your opinions on here! An accidently suicide is a contradiction. He was well trained with guns so I think Sandusky County messed this one up big time and it is not a waste of tax payers $$ to find out the truth! Again have some respect for the family!

chongo

I'm not saying there isn't any respect. Of course there is, and I do feel for the loss. I'm just asking at what point does all the hoopla end? At what point does the family begin to live with the fact that it was what was found? You've never heard of accidental suicide before? It's call an accident, even the most well trained gun ppl are capable of an accident. just because it says suicide doesn't mean he did it on purpose, hence the accident part. I'm honestly just tired of hearing about this case in a lot of ways. Not that I don't want this concluded with 100% accuracy, but at some point people are going to have to accept the fact/conclusion as it is found by our fine men/women who are conducting the investigation. that's why I'm afraid of what ppl will cry about next if Mr Dewine comes back with the same findings... and then what, to what extreme will people call for this "justice" any further..

Truth or Dare

Please take an hour to view Frontline's Documentary: Post Mortum. The Limberios family isn't alone in their struggle for justice. Key word being JUSTICE! After all, SC was asked to do their job and refused. Under the circumstances of Jacob's death, I find how this whole situation was handled from the beginning appalling, and I would hope that DeWine will be sure to have a QUALIFED CRIMINAL forensic pathologist be a part of this new re-investigation of the lack of a proper investigation. Personally, I would be curious to know how many Ohio County Coroners are even qualified to fulfill their elected duties, of which should carry a heavy burden/responsibility to those represented, the PEOPLE! It's time for reform as far as this voter is concerned, and as a voter it will certainly effect the way I vote within my neighboring county of residence. I'll certainly store to memory the names of officials involved, especially the judges involved, just in case they have bigger, future political ideas that could affect more than just those living in SC.

As for more tax $$$'s having to be spent.....SC should of done their due diligence from the beginning, and I can't think of a better way for the money to be spent then to have this properly and ethically handled, as it should of been in the first place!

As always, thoughts and prayers are with the Limberios family and friends for continued strength, courage and perseverance.

margaritaville88

I second that !!!