Preserving the defects

Family wants state to hold gun for review of its design flaw
Register
Dec 2, 2013

Questions remain for the family of Jacob Limberios 12 days after Ohio Attorney General Mike DeWine announced the findings of his four-month investigation into the 19-year-old's death in March 2012.

“The gaps in the logic as to what happened to Jake endorsed in the Attorney General’s statement are indeed wide by any objective analysis,” according to a statement by Mike and Shannon Limberios at the Justice for Jake & Ella Facebook page.

The AG's office determined Jake shot himself accidentally and a defect in the weapon he was holding — a hair trigger — likely contributed to that accident. 

Watch DeWine's Nov. 20 news conference

The family asked for the assistance of the National Rifle Association and other groups with gun experts to review the determination the gun that killed Jake was defective. They asked DeWine to keep the weapon secure, for further testing.

Sheriff Kyle Overmyer “previously indicated an intention to destroy the gun,” according to the statement. “We are simply asking the Attorney General to retain (it), in its current condition so that all interested parties, including the gun manufacturer and distributor can develop a joint plan for its inspection and testing.”

DeWine referred to a “design defect” in the gun manufacture three times during an hour-long news conference Nov. 20 at the Sandusky County courthouse. His spokesman, Dan Tierney, later appeared to back away from that, telling the Fremont News Messenger the problem was “limited to Jake's gun.”

The family did not suggest the gun is not defective but said the finding still fails to adequately explain the bullet's trajectory and the lack of fracturing in the skull a close-range shot would have caused.

“A contact wound by a .357 Magnum most likely would have torn away a significant portion of Jake’s skull.”

The proximity of the gun near his legs in photographs of Jake's body taken at the scene also aren't explained.

“The completely unnatural position the Attorney General has Jake holding the gun, and the force upon discharge, the gun itself would have flown across the room as Jake had no ability to counteract the tremendous recoil of the weapon,” according to the family's statement. “In other words, the gun would not have ended up anywhere near Jake’s body.”

The AG's office has told the family it was required by law to return the weapon to the reporting agency — Sandusky County sheriff's office — which investigated the incident beginning the night it occurred.

Sheriff Overmyer told the family previously the gun would be destroyed when the investigation was finished but that shouldn't happen, according to the family and its supporters.

“The first and most important next step (is to) fully explore the dangerous characteristics of Jake’s gun,” the Facebook post at Justice for Jake & Ella states. “We intend to aggressively get the questions regarding whether Jake’s gun was defective, if so, how, and whether that defect poses a risk to others, answered in an unbiased way.

“We ask the Attorney General to retain the gun in his custody so that a complete and objective investigation into that issue can be completed. We hope that investigation will include the gun manufacturer and distributor. We also will be asking for all people and groups interested in gun safety, whether pro- or anti-gun, to lend any assistance they can to this effort.”

The Facebook post specifically asks the National Rifle Association to offer “its experts in the area of gun design, manufacturer and safety.”

Watch/read related articles and news video

No budge on ruling

Sandusky County coroner John Wukie hasn't changed the death certificate he signed in March 2012, ruling Jacob Limberios' death an accidental suicide.

Wukie's decisions the night Limberios was killed and his subsequent refusal to revisit the cause he wrote on the death certificate triggered investigations that remain unresolved more than 20 months later.

Although the Ohio Attorney General's office determined Jake's death was accidental, Wukie told a local newspaper a suicide can be an accident.

“How long does this family have to wait,” family attorney Dan McGookey asked.

A statement at the Justice for Jake & Ella page went further. 

“We call on him to immediately change his position, and his ruling on Jake’s death certificate to reflect such fact. Our family has suffered long enough from his untenable position.

“We further intend to investigate why a significant amount of evidence was destroyed by the investigating authorities in the hours following Jake’s death, and why virtually every standard protocol for death scene investigation was ignored. We feel with the answers to these questions will come the answer as to what happened to Jake.”

 

Comments

Ctwhalers

some of you on here make me sick. Just cuz the grand jury rules it the way they did that is only because they did not have a lot of evidence that was destroyed by your so called Sandusky county Sheriff Department plus I am sure is a lot of things that weren't aloud into evidence that would have given them more Iinformation to go on. some of you make sandusky County Sheriff Department out to be this great department but I keep reading more more stories from other cases they done wrong so how can you sit there and say they are so great and stick up for them.instead you a part of the problem that is going on in this world not helping get rid of the corrupt.your bash justice for Jake and ella crew plus the family for trying to find more information on what really happened. they want to get the gun back to be tested to see what actually happened to that gun the AG's office says it failed 30% if the time. if there was a defect that the company does not know about they want them know so they can have it corrected so no other family has to go to the same thing. I hope this never happened to your family.you come on here and say the family wants insurance money that has nothing to do with it you say they want to go after the gun manufacturer you're wrong about that. if you're Sandusky county Sheriff Department would have done their job right the first time family would not be going through all of this.sometimes I wonder if you guys have compassion or are you just as cruel cold hearted all the time.I think I need to stay out of ohio especially Sandusky County where there is wrong doing going on. plus I might have to teach them thing or two on how to do their job as officers and detectives.I've been around enough officers and detectives to know how the job was supposed to be done.

Jmschmidt812

You want to say the family wouldn't be going thru this IF the SCSO did their job right? Well let's take it a little bit farther. The family would've been sparred an investigation had this young man left the gun at home. He was legally allowed to own it. He was not however legally allowed to buy the ammunition for it, nor was he allowed to transport the weapon. So the blame isn't solely on the SCSO for the way they handled the investigation. There wouldn't have been a need for one had the gun just been left at home.

starryeyes83

Personally, I don't live in Sandusky County, and don't know any parties involved. Therefore, I don't care.

The compassion fatigue is way up there with the new conspiracy theories.

Keep spinning it. Most of us are no longer impressed. And I hope that some of the media outlets ( SR included ) and the kid's family are sued by those three people they tried nailing to the cross.

Done here.

Ctwhalers

I hear the Ag wants to keep the gun now. Wonder why? Maybe now they realize there is something wrong now.

Pages