Detective felt pressure to step aside

Ohio Attorney General releases more documents from troubled probe; click here to read deposition
Register
Jan 11, 2014

 

A former Sandusky County sheriff's detective who briefly investigated the death of Jacob Limberios said he agreed to take the assignment only if he could conduct it without interference from Sandusky County sheriff Kyle Overmyer and chief deputy Bruce Hirt. 

But the interference he feared was swift and direct, according to documents released by the Ohio Attorney General's Office on Thursday. 

Retired detective Jim Consolo told Sandusky County coroner John Wukie "if I did this with him, that we left no stone unturned, that we turned every stone over we could possibly do, that we told the absolute truth of the matter, and that my hands weren't tied," according to a deposition filed in the case. 

"I just wanted to make sure that nobody put road blocks up for me," Consolo said. "Wherever the investigation led us is where it led us." 

Click here to read the deposition

But both Overmyer and Hirt weiged in almost immediately. 

"Dr. Wukie called me back and he said that I was right, that sheriff Overmyer was upset and did not want me to handle the case. He wanted detective Sean O'Connell to handle this case." 

Overmyer and O'Connell are friends, Consolo said. Overmyer had just recently hired O'Connell after O'Connell retired from the Fremont Police Department.  

Wukie still wanted Consolo, however, and wanted Consolo to assure him he could conduct an investigation that would not be critical of Overmyer or how the initial investigation was handled. Overmyer and his brother-in-law, sheriff's captain Michael Meggitt, conducted the initial investigation, during which some physical evidence from the home where Jake was killed was destroyed and other evidence was not collected.  

Consolo withdrew from the assignment just a few days later after an unusual meeting with Hirt. 

Click here to read about a previous investigation that landed Consolo in hot water

Hirt "asked about my family, and, ah, I haven't spoken to him in quite a while, to me it was kind of odd that he shows up right after this comes up, then, of course, he led into, have you talked to Dr. Wukie about the Limberios case and right then and there I knew this is going to be nothing but problems for me and I told Chief Hirt, don't worry about it, I'm withdrawing from the case." 

Overmyer assigned O'Connell, and deputy Zach Zender, Hirt's son-in-law who had just recently been promoted to a detective's position, to conduct the investigation. They never completed it, however, because a judge removed local officials from the probe in late May 2013 citing conflicts of interest in the way they were conducting it. Ohio Attorney General Mike DeWine was assigned to complete the probe and determined that Jake's death was an accident.

Wukie ruled Jake's death a suicide weeks after Jake was killed. He's since refused to change the death certificate to reflect DeWine's finding, contending a suicide ruling does not require knowing whether someone intended to kill themselves.  

Click here to hear Wukie explain his suicide ruling

Click here to read about the killing of Bryan Jones

Comments

Lil DAB

͏w͏r͏e͏a͏k͏s ͏o͏f ͏s͏c͏a͏n͏d͏a͏l ͏a͏n͏d ͏c͏o͏v͏e͏r͏u͏p

Jakes Dad

Becareful you maybe labeled as a Justice for Jake & Ella Supporter!

Lil DAB

busted ;-)

j♥u♥s♥t♥i♥c♥e ♥4♥ ♥j♥a♥k♥e

Simple Enough II

I get a have an opinion, Consolo and Overmyer didn't get along, probably goes back farther than, when Overmyer got the nod for the Sheriff's position after Dave G. died,maybe when they were both detectives. As for Brother-in-law, look at just about any Donutshop and fire department you will probably see the same with families going that path for careers like the Dunns for example.Just my take on all this.

John Harville

the sheriff's sister Tracy Overmyer is County Clerk of Courts.
His father was a deputy on the force for years.
the overmyer family is broad and deep in 'donut shop' politics.
Kyle's brother-in-law Matt Jenne is/was president of Clyde-GS BOE.
Michael Meggit and the clerk of courts have same address/phone # in Lindsey.

Jakes Dad

Thank you for pointing out this will be a fight!

Jakes Dad

Yes you maybe right! When you say look at any donut shop, I say yes Donut Wars (http://youtu.be/gpvVkwtObcA). This is what Sandusky County Sheriffs were doing as my son was dug-up!

Lil DAB

Watched the video. All fun and games until you have to do what county voters elected you to do! The unspoken code of ethics does and has existed for years.

"The Unwritten Code
The Police “Code of Silence” is an unspoken rule among many police agencies in the country. It is a code of “honor” in the police brotherhood where giving information about another police officers wrongdoings is considered an act of betrayal. Other terms for the code include: “The Thin Blue Line,” and “The Wall of Silence.” Police academies across the nation are close-knit communities of law enforcement. From the first day on the job to the last, every officer is supposed to count on one another for support. Time after time, we see stories on the news of officers committing criminal acts and being put on trial for it. Rarely, do we see officers put behind bars. This is due to none other than “The Code.” If a police officer testifies, or in a sense “rats out” another police officer, that police officer will be shunned from the brotherhood and will be an outcast of the police force."
http://www.studymode.com/essays/...

Does it extend to county offices? Attorneys? Does it affect outcomes in divorce courts? Heck, yes! Time to clean up! Ottawa Cty has a good start.

Peninsula Pundit

Wow. I thought crap like this only happened down south.
Hirt and Overmyer should be terminated from their positions.
Those who had oversight should also step down.
And one of the oddest fashions is the 'skinhead' look most closely associated with nazis.
Most Law Enforcement personnel wear their hair this way anymore.
Coincidence?
You decide.

Jakes Dad

We can all stop this if we are all united!

Simple Enough II

Yeah, well IMO Brian Jones death was his and his family's doing, if you want to drag that crap up again.

Matt Westerhold

Sleeping with a shotgun in your lap in your own home is not a crime. 

deertracker

@Simple
Do you really believe that was the proper way to handle that situation?

Simple Enough II

I wasn't there, you were ot there and for that matter neither was consulo. Drunk man, convicted felon having a firearm under disability, threatens himself and family. Yeah, after the fact a lot of things could have been done different, but I put that on the Jones.

deertracker

A simple yes or no would have sufficed. You are blaming a dead guy. Every one involved could have done things differently but it is LE that's trained to handle these situations and deadly force is supposed to be a last resort.

John Harville

...and how many shots were fired after startling the man awake?
And how many officers have been disciplined/fired on Kyle's watch?

Jakes Dad

Thank you Matt Westerhold. It's simple suicide by cop. Simple Enough II

starryeyes83

Jones' parents are the ones who called LE out there to begin with. Don't forget Bryan Jones had a history of violence and drugs and shooting into a house with a 5 year old child sleeping and barely missed the kid.

It has nothing to do with this saga.

Why is it everyone seems to forget that part?

deertracker

We did not forget, it just has nothing to do with this saga!

Jakes Dad

Obviously we all know better!

Matt Westerhold

Thanks starryeyes83. It appears a troubling pattern might exist beginning with the death of Craig Burdine at the Sandusky County jail (2007) to Jones being killed by deputies (2010) to the sexually exploited schizophrenic jail inmate (20012) to the botched investigation of Jake Limberios' death (2012).  These cases seem most assuredly connected.

Also, suggesting it might be OK to kill a sleeping man because of past crimes ... well ... that's seems to be  oblivious or purposely in denial, IMO.

Jakes Dad

IMO. Dean Henry was appointed to come here to clean up a mess. You sir, your paper, Dan McGookey are the only one's I see stepping up to make sure this does not happen to anyone else, ever again. You guys are "Jakes Law" or the only ones with the balls to try to.

Jakes Dad

Thank you for getting us all back on this saga. I don't think anyone forgot part. Most see a pattern but you!

BabyMomma

Shortly before they murdered Brian, the sheriffs were stationed all around the house and were in line to get shot by each other! Lol....it's a shame somebody noticed.

Truth or Dare

How many folks listened to the recorded interview between Gasser and O'Connell @ the coffee shop? It better explains why Consolo was pressured to step aside. After all, he doesn't play well with others. You know, isn't a team player. Not my words, but they are the words of the then new, hand-picked investigator. Take the time to listen to it! How many folks have read the statements given, the legal documents provided? I have a question, any relationship between SC LE at the scene and any of those involved, the 3 witnesses, the owner of the home Jake died in, be it blood or through marriage? How about LE themselves? Evidence was tossed, the home cleaned and the bullet that killed Jake was removed from the ceiling and the ceiling repaired. In my view, Obstruction of Justice and made possible by a Coroner that didn't fulfill his duty/obligation to show up at the scene.

Gee, I don't know, but just maybe I would plead the 5th. & lawyer up and lay low, or move out of state or the county, let alone out of the home where such a "tragic accident" took place. Sorry, all the coverage over the last few years easy regarding SC LE has only added to the dis-trust in getting to the truth regarding Jake's "tragic accidental" death. I believe it's a Coroners' responsibility/obligation as well LE to do their job w/o bias! That means the Coroner would have to be present at the scene of any "accidental" shooting when a death is involved, to make sure an investigation is done properly, let alone at all! Of course if they're quick to rule a suicide, no investigation necessary. Hence, Jake's Law.

Again, take the time to Google and view Frontline's Post Mortem. How convenient for most involved, let alone the Coroner and LE. Regarding Brian Jones' death and dragging that crap up, that isn't over. All the more reason Consolo was pressured to step aside regarding the investigation of Jake's death. Guess he wasn't willing in this case to play nice, be a team-player either. I give the man props for having a conscience!

Jakes Dad

Thank you! We would not e here if Jim Consolo was at the home that night. I do believe this!

BabyMomma

I wondered all along how Consolo was leap-frogged by Overmeyer for Sheriff anyways. Wasn't Consolo on duty when Overmeyer was still in high school? I know they were both detectives together for a while, then bam, Overmeyers top dog?

John Harville

If evidence was destroyed, lost, then why were there no disciplinary actions or arrests?

Jakes Dad

Great question lets all ask Kyle, after all this is his watch.

John Harville

Suicide: the intentional taking of one's life.

Attorney General: no intent to kill himself.

Lil DAB

ⓟⓔⓡⓘⓞⓓ

Jakes Dad

Some are blind!

Jakes Dad

The only thing I can say to this is, well I think you know!

Babo

So the AG recognizes that the Sheriff interfered with Wukie's efforts to have an independent investigation and that evidence was destroyed but didn't find any official misconduct?

This would be the same AG's office that found no problems or official misconduct with the Bryan Jones case? This would be the same AG's office that found no problems or official misconduct with the Sandusky County jail incident involving the mentally disturbed woman sexually exploited by jail guards?

This would be the same AG's office that found no problem in Ottawa County after the Auditor of State found that the Sheriff stole public funds and the county prosecutor covered for the Sheriff? This would be the same AG's office that had evidence that the Erie County prosecutor has a history of alleged drug abuse and fought like heck to conceal it and withhold the evidence from parties in court cases?

It's been said that insanity can be defined as doing the same thing over and over again and expecting different results. Stop expecting the AG's office that works with county and local law enforcement officers and prosecutors all the time to conduct thorough and honest investigations of law enforcement officers and prosecutors.

All the families and citizens adversely affected by the pattern and practice of official law enforcement and prosecutorial misconduct in this area need to get together and demand that the federal government conduct an investigation. The door has been opened with the federal case against former OC Sheriff Bratton. It's time for this newspaper to demand action.

Jakes Dad

This post is very different from mst of your posts, I agree with you on this one, to demand federal action by Matt W. and the newspaper to take action, on this matter, hence Justice for Jacke & Ella, Jake's Law so this don't happen to another family. But, in your other posts you question Jake's mental heath and me a a perent. I have given everything I can to this investigation and all the other I have nothing to hide. If I could help you understand more call me (419) 656-3164 or you can come to my home, to talk to me. It may help you before you post the shit you know nothing about. I do hope you do see with your post Friday, 1/10/2014 3:00pm you start to see the truth.

Babo

Most respectfully Sir,

If you believe Dean Henry was appointed to clean up the mess (I take that to mean cover up law enforcement misconduct, which I believe he was appointed to do); then make your story/case about law enforcement misconduct/lack of accountability and the need to eradicate it for the greater good. If you review my posts carefully, you will find they all are concerned or connected with the LE misconduct in the SR reading area.

My prior posts have criticized your team for making it about the death itself, the lack of professionalism in presentation, and the lack of understanding of how medically trained people think and how one deals with them. For example, you call my posts "shit" simply because they contain personally difficult topics for you. I truly want to see you succeed and obtain that amorphous concept called "justice", but you don't make friends by dismissing educated people's opinion with profanity.

I read the deposition and it appeared to me that Dr. Wukie truly wanted to conduct an Inquest but he was stymied in that effort by SCLE and his attorney Dean Henry because an Inquest would expose the malfeasance of SCLE and Stierwalt. This is why I keep harping on your team to stop attacking Dr. Wukie and make it about SCLE and the lawyers.

I believe Dr. Wukie is looking for a solution but your attorney and this newspaper have created so much hatred between you. Dean Henry has him under control so it's impossible for Dr. Wukie and your family to discuss this rationally. Dr. Wukie is a physician, not a lawyer and I feel he is bewildered by this process and is looking for a way out. You and he need a lawyer who speaks his language i.e. a physician/attorney to negotiate détente and to get Dr. Wukie on board with going after the LE and prosecutors who set him up.

Importantly, the Feds are already involved in Ottawa County and anyone who believes the former Sheriff agreed to plead to a felony without agreeing to give up some bigger fish is a fool. The Feds don't come into counties for small cases. The law enforcement misconduct so evident in your son's case is part of a larger problem throughout North Central Ohio and it involves more than death cases (though there are many other death cases in Erie, Ottawa, and Sandusky counties besides the ones identified here)but controlling crime investigations and case outcomes in general while running the government for personal gain.

Your family's case could be the catalyst that forces the Feds to examine the bigger picture, and Jacob's life and death would help restore justice to this area. That would be a great legacy.

By the way SR, you could help by moving the story about former Sheriff Bratton back to the front page to keep it in the public eye just as you did with this story.

Lil DAB

Babo, great comment, BUT...are you saying Wukie has no control over his actions and choices regarding his job? Are you are implying the SC LE kept him from showing up at the accidental shooting scene when he was called? Had he SHOWED up to do his job to begin with, some of the other snowballing may not have occurred. OF COURSE he has been told (by his laywer)to not talk with the litigation going on!
This truly wreaks of a [̲̅c̲̅][̲̅o̲̅][̲̅v̲̅][̲̅e̲̅][̲̅r̲̅][̲̅u̲̅][̲̅p̲̅] with the web of relationships in the department and lack of credibility already established in the ̾Sandusky County Sheriff office!

♥j♥u♥s♥t♥i♥c♥e ♥f♥o♥r ♥j♥a♥k♥e

Babo

Please read the on line deposition carefully. You will find that the Coroner does not appear at all death scenes if he is not available and LE feels he does not need to appear. What I am saying is Dr. Wukie expressed a desire to hold an Inquest and review the initial death investigation, after he came to realize that SC LE (Sheriff and Meggitt) did a less than stellar job.

That Inquest appears to have been obstructed by the actions of the Sheriff and Chief Deputy Hirt. The group then may have ensured Dr. Wukie was represented by an attorney (Dean Henry) with a long history of protecting law enforcement misconduct so that the interests of Dr Wukie would not be represented but the alleged misconduct of the Sheriff and others would be protected.

IMO, Henry exploited Dr. Wukie's lack of knowledge of law and likely convinced him it was in his best interests to not cooperate with the Limberios family and their attorney. Lawyers, who are litigators, natural inclination is to set up adversarial proceedings. They don't typically try to amicably settle things but enjoy battle, especially someone as mean spirited as Henry. Add in the media and the process became exceptionally combative and hostile. Dr. Wukie's natural human reaction was to entrench himself and withdraw.

Dr. Wukie is the only authority with the power to hold an Inquest and revisit the original death scene investigation and change the cause of death if his Inquest convinces him to do so. Importantly, if Dr. Wukie in his Inquest finds evidence of LE misconduct (like a cover up, intentional destruction of evidence etc), he has the authority to criminally charge the Sheriff and deputies with crimes and arrest them.

But Dr. Wukie needs competent legal counsel to advise him and a qualified Investigator to re-evaluate the case. He is entitled to demand both from the Commissioners.

Therefore, it makes sense to me to try to make peace with Dr. Wukie. He is a physician and unlike most attorneys probably a gentle soul who likely feels badly about what happened and continues to happen. I sincerely feel the Petition is the wrong approach because it appears to be pressuring him to change his ruling instead of helping him use the power of his Office to conduct an Inquest and letting him arrive at a new ruling based on that process.

However, if you get an Inquest, everyone has to respect that process.

BabyMomma

You go! Matt Westerhold and Jakes dad should hire you!

Ithink

He failed to show up at the scene because he was at the bar that night.

Babo

You really do not want to prevail.

Julie R.

@Babo's comment 1/10/2014 at 3:00 P.M.: EXCELLENT.

John Harville

Det. Zach Zender... the same Zach Zender in a You-Tube interview with Brittany Bowers - Emma Limberios' maternal aunt - hours after the shooting? Just askin'.

Jakes Dad

Ella Limberios yes it is!

John Harville

"When you're dealing with families that have lost loved ones, they want closure," Sheriff Overmyer said. "I figured what a great way to do that, to try to close up one of these cases or at least attempt to. It would be nice for these families to have an answer."

--Sheriff Kyle Overmyer talking about the 'cold case' TV show - a case worked by his father who recently retired from the Department.

Jakes Dad

I never asked Overmyer for an answer, I asked him for the truth! That is all!

Lil DAB

Harville, I think we are thinking the same thing! When Sheriff Overmyer goes on national TV with the appearance to want "justice" for a 20 yr old murder, BUT when his own department has an obvious FAIL with even the state Atty Gen concluding it to be an ACCIDENTAL shooting, instead of cleaning up the mess, he is hiding behind it!

j♥u♥s♥t♥i♥c♥e ♥4♥ ♥j♥a♥k♥e

Babo

Well I read the entire Deposition and it gave me a headache with all the legal fighting. It confirmed for me that Dr. Wukie has been played by SC LE and Prosecutor Stierwalt and Dean Henry and set up to be the fall guy.

It's a little known fact that the Coroner is the only official who can arrest the Sheriff. If I were Dr. Wukie, I would tell the Court he wants new counsel (preferably a Physician-Attorney (fire Dean Henry) convene an Inquest and demand funding to hire my own investigator to conduct an Inquest, review the investigation done by the Sheriff and his staff and any interference with Dr. Wukie's efforts to conduct an Inquest.

Jakes Dad

Dean Henry with his dual rolls, judges, prosecutors & BCI, the lie detectors & anyone who stand in the way of the truth.

Jakes Dad

The last 2 years have taken it's toll on us. Based on the evidence gathered to date, I continue to believe that my son Jake did not take his own life, either accidentally or intentionally. However at this point, me and Dr. Wukie are at crossroads. As we speak, Jake's death certificate reads that Jake committed suicide. Yet everything I have read and all the experts we have consulted with, suicide requires the intention to kill one's self. Even gross recklessness is not enough, there must be intention to take one's life.

After almost 5 months of investigations, including 10 days of Special Grand Jury deliberations, Ohio Attorney General Mike DeWine concluded that there was no evidence to indicate Jake committed suicide. His opinion was supported was supported by Dr. Michael Baden and Dr. DeMaio, world renowned forensic pathologists. Yet Jake's Death Certificate still reads: suicide.

As I have stated so often over the course of the past 21 months, one of my major goals was to remove that word from Jake's Death Certificate. This is important for many reasons. First and for most, I do not want Jake's daughter, Ella, who just turned 5, growing-up thinking that her daddy deliberately let her to grow-up without him. This is by far and away my major concern. This point, which may seem insignificant to Dr. Wukie, will affect Ella every day for the rest of her life. I do not want her walking, doing her daily activities, and going to bed every night thinking her dad did not want to be with her, to support her, and to love her.

Dr. Wukie, isn't it the right thing to investigate the facts and to make a sound ruling based on those facts and the law. Yet here you are declaring my son intended to kill himself. Even though your conduct is beyond the realm of comprehension by people of any decency, I implore you to now do the right thing. If you have a shred of evidence to support your contention that Jake intentionally killed himself, then come forward with it to support your position. On the other hand, if you do not then change my son's Death Certificate,and remove the word; suicide.

For those that agree with me, please go to the Justice for Jake and Ella Facebook page, like the page, sign the petition, and share.

https://www.facebook.com/Justice...

Sincerely,

Michael W. Limberios Sr.

rjk1915

Where theres'smoke,there's fire.

MarbleheadNative

It greatly saddens me this family has to endure all of this!