Who killed Jake?

Limberios family asks DeWine for ‘full-blown’ investigation of Sandusky County law enforcement
Register
Aug 28, 2013

An 18-month delay getting answers about the death of their 19-year-old son prompted a Castalia family to demand Ohio Attorney General Mike DeWine investigate Sandusky County deputies and others. 

DeWine promised when he took over three months ago his office would conduct a “thorough investigation.” 

The family of Jacob Limberios said Tuesday they want DeWine’s investigation to include interviews with anyone possibly involved in Jake’s death, or in the destruction of evidence at the crime scene, and other missteps and serious flaws in the previous investigations by local officials.   

They want DeWine to investigate “the conduct of the law enforcement officials and all those involved in the investigation into the manner, mode and cause of Jake’s death.”

“It is obvious we are not going to have a credible answer as to how Jake died without finding out exactly why these officials conducted themselves the way they did,” Limberios family attorney Dan McGookey said. “The two issues are inextricably intertwined. When the answers to one are discovered, the other will be resolved as well.” 

DeWine assigned top prosecutors — Matt Donahue and Marianne Hemmeter — from his office to the investigation.

Donahue and Hemmeter did not respond to an inquiry from the Register on Tuesday. A spokesman from DeWine’s office said the investigation is ongoing. 

“Prosecutors and investigators from the Ohio Attorney General’s Office have been in touch with the Limberios family throughout our investigation, which is still continuing,” said Lisa Peterson Hackley, a spokeswoman for DeWine’s office. 

County officials generally have been non-responsive to inquiries from the Register related to the Limberios shooting.

In an Aug. 22 email to DeWine’s team of investigators, McGookey asked them to interview Sandusky County officials and also provided them a list of individuals the family wants interviewed. McGookey also reiterated it had been nearly 18 months since Jake was killed, and three months since DeWine took over the investigation.

The list of eight names McGookey provided includes relatives of one witness and others who were allegedly at the home in the hours after Jacob was killed on March 2, 2012. That list included the following information:

•The grandfather, the step-grandmother and another relative of one witness, who all were in an SUV with her shortly after Jake was killed.
•That same witness’ father, who along with another man allegedly cleaned the home after deputies left the scene, wiping away physical evidence that might have existed. 
•Three men who allegedly talked with another witness shortly after Jake was killed.

McGookey also provided investigators a partial list of the questions to which the family seeks answers. That list includes:  

•Where was the coroner the night of Jake’s death?
•Why didn’t the coroner come to the scene?
•Why were the bags containing evidence gathered at the scene the night of Jake’s death marked; “Suicide” even before the three witnesses gave their statements at the station?
•Why wasn’t Detective Consolo, on call that night, not called to the scene, in contravention with the Department’s own policy?
•Why weren’t the witnesses separated?
•Why were the witnesses allowed to meet with family members outside the home while the Sheriff’s deputies were inside?
•Why was a witness allowed to change and later discard her clothes (apparently blood splattered) at the home that night, with the Sheriff’s consent?
•Why weren’t the witnesses administered drug and alcohol tests?
•Why wasn’t there a single question asked of the witnesses about their drug or alcohol use the day of Jake’s death?
•Why were a number of the Sheriff’s own standard operating procedures violated?
•Why were two men having a connection with one of the witnesses allowed to come into the home and completely whitewash the scene just hours after Jake’s death?
•Why was there no autopsy?
•Why did the Sheriff declare the investigation over, without having the gun tested, or the bullet retrieved from the ceiling of the home?
•Why did the BCI polygraphist who polygraphed two of the witness use a method of testing, known as the “Arthur” method, which was long ago discredited as being completely unreliable?
•Why did (Lucas County deputy coroner) Cynthia Beisser conclude that her autopsy findings were not inconsistent with Sandusky County coroner) John Wukie’s “suicide” ruling when she specifically found there was no gunpowder residue at the bullet entry wound site?

Comments

registerer

Just like a soap opera.

dontcare

BCI's method of polygraphing is not invalid. Where is this guy getting his info. If there is a factual case don't throw doubt on your allegation by throwing untruths out as legitimate questions. Quantity doesn't equal validity. I really dont understanding, are you alleging a conspiracy to include the courts, police, and BCI, what is the motive? Is the question accidental or suicide, we will never know definitively or is the question homicide or self infliction?

DickTracey

I think you should feel grateful that DeWine has agreed to investigate the case.

It's pretty ballsy to make "demands" to the Ohio Attorney General, and tell the BCI detectives how to do their job.

Three months is hardly enough time to investigate a death, let alone the possible wrong doings of local law enforcement, coroners and prosecutors.

Lil DAB

Who pays the Ohio AG's salary? What's wrong with questioning the BCI? Tactics, equipment and methods get outdated; and technology is changing all the time!

Are any of the witnesses or family members of witnesses related to or involved with anyone from the county's "investigation" team?

sandtown born a...

I couldn't have answered better

registerer

One question that the family is not asking is: why did Jake take a loaded gun to a party and show it around?

Matt Westerhold

That question, it seems, has already been answered, to some degree, but if a fuller response to it might be useful it likely should be asked, and answered, perhaps. But answering it more fully would not de-legitamize the other questions being asked, would it? 

registerer

Well Matt, it should be obvious that I missed that answer. So what is it? There is some negligence on his part for taking a loaded weapon to a party and showing it around. Not excusing any person if they indeed fired the weapon and they should be held accountable. Bottom line, if Jake DID NOT take the weapon this would not have happened.

sandtown born a...

WOW blame the victim I guess ,

registerer

Its called comparative negligence.

Ithink

It wasn't a 'party'. They weren't his 'friends'. One of the witnesses was interested in buying the gun from Jake. And since DeWine works for the people, we can question him all we like. Three months is a good start to any investigation. Perhaps they were looking for ANY answers since it has been 18 months.

registerer

Ok, so not a party, someone who is not a "friend" wanted to buy the gun. That really begs to ask WHY would he show them a loaded gun???

sandtown born a...

Well you know the answers so why should they continue the investigation?? He is at fault for bringing the gun!!! SERIOUSLY

registerer

I don't know nor do I have the answers. I am just saying that people really need to think about the situations that they are putting themselves in with stuff like this.

starryeyes83

good question.

sandtown born a...

Irresponsible youth being the obvious answer, To find out who is responsible and why the cover up or terrible investigating is obviously what everybody wants to know. Who's child/ grandchild or just family member is being protected by the powers to be

MiddleRight

Having a gun and getting killed with a gun are two different issues. Perfectly legal for him to have a loaded gun.

Would I ask why you were driving a car if you die in a car accident?

Dwight K.

Couldn't the gun have accidentally gone off if it was being passed around and The kids were probably acting stupid while looking at the gun. Its a shame what happened , hopefully they get answers.

sandtown born a...

That's a possibility and if its what happened they should have told the truth from the start.

EdO's

Thank you Mr.DeWine. And thank you to the Limberios Family for supporting justice for all and the investigation of this matter and the possible wrongdoing of public officials.

red white and blue

Blaming a victim before u know who shot the gun for sure is balls exspiecaly when u work for a paper.show some professionalism.I've been watching this case unfold from the beginning I've been on the side all along he did it by accident. But there has been a lot come to light and I've gotton to where I'm feeling more and more someone else did it its sad knowing we have ameicans that are afraid to ? Anything our gov.does

Texx Reloader

Thank God! I have been saying for years, "there is something rotten in Denmark, over there." I hope the AG investigates them all. I mean, get a clue, there have been scandal after scandal, many not even seeing the light of day with these people. And for all of those other officials sitting around pompously saying, "poor Kyle," I hope what is done with the SO gets to you also. It will. Justice needs to be done in this county. Too many people have been shafted for no reason at all except they happened to be on the wrong side in a place where all is wrong!

Texx Reloader

Malfeasance
The commission of an act that is unequivocally illegal or completely wrongful.

Malfeasance is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person.

Malfeasance is an affirmative act that is illegal or wrongful. In tort law it is distinct from misfeasance, which is an act that is not illegal but is improperly performed. It is also distinct from Nonfeasance, which is a failure to act that results in injury.

The distinctions between malfeasance, misfeasance, and nonfeasance have little effect on tort law. Whether a claim of injury is for one or the other, the plaintiff must prove that the defendant owed a duty of care, that the duty was breached in some way, and that the breach caused injury to the plaintiff. One exception is that under the law of Strict Liability, the plaintiff need not show the absence of due care. The law of strict liability usually is applied to Product Liability cases, where a manufacturer can be held liable for harm done by a product that was harmful when it was placed on the market. In such cases the plaintiff need not show any actual malfeasance on the part of the manufacturer. A mistake is enough to create liability because the law implies that for the sake of public safety, a manufacturer warrants a product's safety when it offers the product for sale.

Julie R.

If that's only a "partial" list of the questions that the Limberios family couldn't get any answers to, it doesn't take a rocket scientist to know "somebody" in that stinking county is illegally covering up "something" big time.

grandmasgirl

Just wondering, if this is the case and they are covering something up....what is the motive? Also, (not that I don't want the family to find closure) if you are going to sell a gun, why would you show a loaded gun? If this man had a small child, surely he wouldn't have left the gun loaded around the house. That means that he must have loaded it before he took it to the house. I'm not taking sides, but these seem like questions that should also be answered.

Julie R.

When DeWine was running for office he made a promise to THE PEOPLE ~ if elected ~ he was going to clean up corruption, so let's see now what he's made of. After all, it's no rumor that OHIO is the most corrupt state in the country, it's a proven fact.

dontcare

Julie, I doubt that Ohio is the most corrupt state. I don't see corruption here. Can you enlighten us.

Julie R.

@dontcare: You might not be able to see any corruption but I sure have.

BTW, just out of curiosity --- not even considering that more than dirty and disrespectful Will filed two years after my mother's death in the Erie County Probate Court was a forgery, can you think of any reason as to why her Huron attorneys waited 2 years to file it? Even better, can you think of any reason as to why her attorneys didn't file it ---- instead, they had a snake Lorain County attorney file the fraud junk for them?

gene44870

I have said this before and I will say it again and that is due to the lenghth of time that has gone by and the lack of the goverment as well as others involved with this case and the ideal that as time goes by . Peoples memories fade and people either pass away or move away . I really dont see how the A.Gs office can make a case for the truth , I case can only be tried by eveidence that has been either lost or not gathered at all and noot investigated the way traditional crimes have been .
I would love to see this go to trial and the guilty parties held responsable , but with everything that has happened in ths case in the last 18 months leads me to believe that a trial would lead to either a dead lock or not guilty coming in , Theres so much resonable doubt in this case that any reasonable people would not be able to convict the party or parties responsable , if that is the case .
The only thing that can in my eyes be dont is for the state and county would have to change the laws .
And make penalities for those who dont follow them . And in the mean time everyone that is under investigation should be suspended without pay ontill the end of the investigation If all are suspended then someone is going to come forward with something that is going to blow this case right out of the water and finally bring this case to justice as well as a close

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