Federal court weighs Jones family's wrongful death lawsuit

Within a week a federal court may decide the next step for a wrongful death lawsuit filed by the family of Bryan Jones, who Sandusky County Sheriff's deputies shot and killed last year.
Melissa Topey
Dec 2, 2011

Within a week a federal court may decide the next step for a wrongful death lawsuit filed by the family of Bryan Jones, who Sandusky County Sheriff's deputies shot and killed last year.

Jones' mother and father filed a $20 million wrongful death lawsuit against Sandusky County, the sheriff's department and deputies who were involved in Bryan's July 11, 2010, shooting death.

The family called 911 for help that night after Bryan threatened his mother. Sheriff's deputies showed up and assembled a tactical response team that ultimately stormed the home and shot Bryan nine times.

The court could decide to dismiss the case or present it to a jury, which would ultimately settle on an appropriate financial compensation for the family. The family has said the raid was a blatant violation of Bryan's civil rights.

 

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Comments

wiredmama222

No one but the police, Jones and God knows what actually went on in that house that night.  I am sorry but if the partent have to shoulder some of the blame here.  They called the police.  Their son threatened the mother with a gun. He had it in his lap. From the accounts posted, he had it in his lap when the police got there.  From there, only the police are left to tell what happened fo sure: all others speculate. 

We, as a society, call the cops for everything now days.  Take a look at the blotters and see.  So when it goes terribly wrong who is to blame? I cannot put all the blame on the cops no matter what their prior records are  This kid had prior acts too. 

Is that worth twenty million to the parents who called the police?  I do not think so.  Sorry, they are partly to blame. 

SimpleEnough

Wiredmama222, The parents are more than "partly" to blame, if I recall correctly, he was a convicted felon (violent) as he had shot into anothers home with a shotgun (coward, yet violent coward all the same) over drug money/deal, so he wasn't supposed to be in possesion of a firearm. Who's shotgun did he have access to while living in mommy and daddy's home? He was out awaiting pretrial for a slew of charges from a traffic stop (2nd OVI, FRA SUSP, TRFC Lane Violation, and Poss of Drugs), mind you these were only charges as it didn't go to trial as he...well.... he died of sudden exposure to heavy metals before his trial, but back to the charges, one of the conditions he agreed upon was "No Alcohol", whoops, I bet his parents also knew that as seeing how they were such a tight family and was living under their roof. Shame he died, but let's out the blame where it belongs, back on Bryon and his family. And let's get this right qoute "The family has said the raid was a blatant violation of Bryan's civil rights" end qoute, they can't spell blatant let alone pronounce it and what do they know of civil rights after what they did in Fremont with crap signs in their yards and crap smeared on their cars making claims about the deputies who fired the shots. 

lor70

If you don't want the police involved, don't call them!  They seem to be "darned if they do, darned if they don't" now a-days!!  It's obvious the mom was scared of him!!  So why shouldn't the police have been....if he was sitting there with a gun on his lap....I'm sorry...the police did the right thing!!  Look what happened to Officer Dunn!  They risk their lives everyday to protect us....their choice to kill or be killed....I for one would choose the later!  These people who are suing don't deserve a dime and the officers don't deserve to pay for doing their job!!  Again, next time....deal with it yourselves!!

SMF1

I am with you guys....I could not believe when they started their "campaign". I actually had to look back to the original article to make sure I wasn't confusing it with another story! Sorry, this family needs ot get their head out of their behind and drop this insane lawsuit. Hopefully the federal court is smart enough to put a stop to this here and now.

Katelih-Trailer...

Is this the story where LE shot and killed a guy who was sleeping ?

EddieOs

These kinds of stories make people reluctant to call the police.

starryeyes83

This family's " campaign "   also included having their little kids standing on  a street corner pointing toy guns at passing cars.....yeah,    real classy people ...NOT!   

illuminoctis

 

wiredmama222 said.. "I cannot put all the blame on the cops no matter what their prior records are".. response: you are biased.. and are disqualified until you can cite any official report stating the guy had threatened his mother with a gun.. she said he made threatening remarks and that she knows there is a gun in the house.. she did not say he threatened her with the gun specifically.. you would be a fool to call police to your house and NOT notify them that a gun is on the premises

lor70 said.. "It's obvious the mom was scared of him!!  So why shouldn't the police have been".. response: a scared cop should not be handling something like this.. reports state that she told police she did not believe he would act on his threats.. they stormed in with flash bang grenades.. if you get startled out of your sleep by someone breaking in your door, what would your reaction be?.. he was passed out from drinking heavily and probably barely had time to clutch the gun upon awaking let alone to lift and aim it... i would guess that likely the mother was not scared of her son, she was just tired of his ways and after his "threatening remarks" the disrespect is what stung her and she called the police in an attempt to get him straightened out.. seems like SHE is damned if she does, damned if she doesn't.

simple enough............... response: yes we all deserve to be shot to death because we previously had charges during a traffic stop.. true, driving drunk is terrible but you do not handle it by shooting the person.. how exactly are the parents responsible for the actions of another person?.. you see they eventually called the police on him, what more can they do?

SMF1 said.. "I am with you guys....Sorry, this family needs ot get their head out of their behind and drop this insane lawsuit.".............................response: your ignorance and/or arrogance (hopefully only due to a lack of knowledge of all the facts of the case) is astounding.

Katelih said.. "Is this the story where LE shot and killed a guy who was sleeping ?".. response: he woke up when they stormed thru the door.. since he had a gun on his lap, his first reaction was probably to clutch his gun and that made the unfit officers jumpy apparently... why flash-bang the house? are you asking for erratic reactions? why not use something that will ensure that the guy remains asleep and THEN go in? seriously wtf

starryeyes83 said.. "This family's " campaign "   also included having their little kids standing on  a street corner pointing toy guns at passing cars.....yeah,    real classy people ...NOT!" ........................................................................response: you, my friend.. are hanging on by a very thin thread..... and i DIG THAT ABOUT YOU, JERRY! (not)

 

SimpleEnough

illuminoctis, I never said he should have been shot over his arrest on several charges, what I was pointing out is, he and his family share responsibility for this tragic incident, He was not supposed to be consuming alcohol (yet correct me if I'm wrong), but his family said he was on a drinking binge (more than 1 day), he was in possesion of a shotgun (how did he get his dick skinners on it?, who's shotgun was it in THEIR HOUSE?). Also he didn't wake up when they STORMED in, go back read the pdf. that explains the entry that the register posted in an earlier story.

What could they have done? Where did he get the alcohol from as it was reported he wasn't working etc..He was drinking at their home (his parents home), they were in a position to control a lot of things, but they didn't, so when it escalates to the level where it did, how about then saying "Oh crap, I guess we shouldn't have let Bryon boy have his way whenever he wanted". What was wrong with Daddy and Grandaddy taking care of Bryon while he was having his "pour me's"? Domestic situations involving firearms, well we know all to often how can they end, I guess they would still sue Sandusky county if he would have murdered a family member in his alcohol/drug (reported) fueled tantrum.  

This all could have been avoided if Bryon would have just obeyed the law, he chose not to, and I would say his family chose not to either as having a convicted felon under their roof and keeping firearms available!

czechurself

In the official police reports several officers noted Jones sleeping with his feet propped up and arms folded across  a shotgun on his lap. 

2205 hrs: dispatch placed a phone call to the residence, several rings, no answer. 

Officers advise Jones appears to still be sleep

about 2227 hrs another ofiicer advises Jones appears to be passed out

2243 yet another officers views Jones still asleep and feet propped up

2258 another advises no movement

at about 2325 officers decide to move in, yell several times "sherrifs dept!!". no movement. again "sherrifs dept!!" an officer states in report "suspect appeared unresponsive" as they detonate a DefTac devise (flash bang grenade). smoke fills the air and the officers move in.  rounds are fired.  (19)

2331 suspect down

EMS crews are called and arrive on the scene locate victim "slumped across  the couch". 

Overmeyer and Consolo report to scene.  Moments later tactic officers are advised released from scene to enroute to station. Overmeyer also enroute to station.  Consolo later advises BCI of some concerns re: tactical maneuvers.  BCI ignores these concerns.

reports later advise that officers were not able to clearly see suspect through smoke filled room and also being able to see suspect "make eye contact". ?????

 

czechurself

Exactly Katelih....Deputies who first arrived peered in the window and saw Jones sleeping in an easy chair. Ultimatley, Overmyer decided to let the tactical team enter the home.  The tactical team was led by brothers, one being Jose Calvillo.  Deputies fired flash-bang grenades into the house to disorient Jones before bursting through the front door.  Asleep, with a shotgun in his lap, chances are, Jones never saw it coming.  The deputies went into the home and stood less than 30 feet from him as he slept. Jolted awake, perhaps, the deputies fired; 19 rounds.

We mentioned Jones previous behavior here, as wel,l we should mention Calvillo's previous conduct.

Jose Calvillo has a number of severe reprimands in his personnel file. In 2007, he had a disciplinary hearing with the late Sheriff David Gangwer and Chief Deputy Bruce Hirt for directly defying repeated orders.According to records in his personnel file, Gangwer and Hirt called the offense "fireable," but gave the deputy, who has been with the department since 1997, a second chance after suspending him for 10 days.Then, on June 13, 2009, Sheriff Kyle Overmyer suspended Calvillo for 22 days for conduct unbecoming an officer for an off-duty domestic disturbance. According to the reprimand, Jose Calvillo had "one last chance" to demonstrate he could improve his conduct.

Then, on Jan. 26, Overmyer and Hirt called Jose Calvillo into another disciplinary hearing for conduct unbecoming an officer. Jose Calvillo did not answer questions truthfully when questioned about the incidents, the disciplinary report states.

Aside from questionable character of both the officer and the victim let us refer to the BCI investigation: 

Sandusky County sheriff’s Captain Jose Consolo began an internal investigation the night Jones was shot and killed, and it is likely the best documentation that exists. Consolo had concerns about the BCI report from the start, according to sworn testimony. “That was my first meeting with (BCI investigator) Brokamp. … I attempted to explain to him what I had learned … and I was attempting to explain to Mr. Brokamp some concerns …

Question: And he brushed them off?
Answer: Yes

Question: He didn’t want to hear it?
Answer: Didn’t want to hear it.

 

 

Julie R.

Wasn't it said that earlier in the day the parents called the police because their son ~ who was going somewhere with friends ~ had been drinking, which was against his probation rules? That alone shows how much the parents cared about their son and wanted HELP for him. My opinion --- the shooting of this kid was totally unnecessary and not even 20 million is ever going to make up the nightmare that his parents are going to have to live with for the rest of their lives.

illuminoctis

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nosey rosey

Maybe he didn't deserve to die but if it was so bad that the parents called the police, then they need to live with the guilt of what happened to him.  They shouldn't be handed any money over it.  Cops get call of drunk man with gun, drunk man points gun at cops - dead man!

lor70

I always fall asleep with a gun on my lap!!!   NOT!!  That spells "trouble". Why did he have a gun in the first place?  His mother was obviously afraid or she wouldn't have called!!  My brother is a police officer and I'm sorry....if he had to go to a call like this...I hope he fires first before he gets killed by some low-life loser who has nothing better to do with his time, but make people's lives miserable!  If you don't want the police involved....DON'T CALL THEM!  Period....If they wouldn't have showed up in time and he killed his mom...then there would be a law-suit against them because they didn't get there fast enough!   Again..."darned if they do, darned if they don't"!

sash

@ illuminoctis & czechurself - Sorry, but you've both oversimplified it.

Captain Jose Consolo (Sandusky County Sheriff) had  personal problems with Deputy Jose Calvillo. I'm sure his report was completely professsional and in no way biased....not.

Jones didn't merely "clutch" the gun, he also raised it.(Coroner's report)

Jones previous charges weren't only traffic violations.He had previously fired a shotgun into a home, hitting the wall just above where a man and his 5 year old daughter were sleeping. I'd say that shows a propensity for shooting when high/drunk and angry.

The Sheriff and deputies didn't "know" Jones was sleeping, passed out, or had overdosed. They were working on reports that he had threatened to hurt his mother and himself. You can bet money the family would have been filing a lawsuit too if they'd hung out for an hour trying to get him to respond and he'd died from an overdose. D$mned if you do and d$mned if you don't.

Don't know if Deputy Calvill is an angel, devil or simply human, but all his reprimands are related to his personal life. I haven't seen anything that relates to his job performance. I've certainly known professionals whose personal life is a mess, but they still perform their jobs well. Problems in one area doesn't always equal problems in the other.

The parents need to take responsibility for their own culpability. And yes, they do share the blame. There should not have been ANY weapons in that house and they should have called the police the minute he took the first drink. They knew his history and, according to them, his mental problems. Saying after the fact that they didn't take his threats seriously is a cop out. It's hard to have someone you love arrested or commited to a psychiatric ward, but that's what you do to protect them and protect the innocent people they may hurt. You do what you have to, even if they hate you for it. The Jones didn't, and 20 million won't change that.

Julie R.

I personally think the BCI itself should be investigated. Now that there's a new OAG it just might be ....... but I won't hold my breath.

I Judge you

They should have the body reexaminded. These cops killed this man just for sport by the sound of it. Is it true one of them said "hey watch this" moments before the slaughter? I'd like to think that isn't true.  GUILTY!

concernedtruth

Okay, here we go again blaming law enforcement for doing their job. You mean to tell me the same parents who called the police to stop their violent, drugged out child is now suing the Sheriffs Dept. for the shooting. The same parents would of probably sued the department if they didn't arrest him and he hurt or killed one of them in a drugged out rage. What we have here is a failure to communicate. Either let them do their job or don't call them. You may say nine times being shot, first off is that accurate and if so,  alot of drugged out individuals won't stop with 2 or 3 shots and the deputies have every right to protect their lives at whatever costs that is. Yes, there are some individuals in law enforcement who abuse their authority, however I do not believe that everytime an excessive amount of weaponary or bullets are used is abuse of power.  I believe that enforcing the laws is not an easy job and some of the times making a split second decision on how you will handle a situation and save lives is not the easy one to make and you do what it takes to secure the area and save lives and if that takes firing 9 rounds at an individual and hitting every time then so be it. I am thankful that we have law enforcement that is willing to stand in the line of fire and everyday they go out there and put their lives on the line everyday and we should be thankfull not critical.

DGMutley

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lor70

I just read the original story and it says, his parents said he wouldn't hurt anybody!!??  WHAT??  Then why did she call the police....I think maybe the parents need to have a mental evaluation.   Again, sorry but I think if they hadn't killed him....one of the officers would've been the "unnecessary" death!  These people deserve 0 amount of money!! 

gilamonster
Jones definitely contributed to his own demise. I also agree that police have to make split second decisions that could save their own life. But did they try to end this peacefully?   When they arrived at the house, how much of an immediate threat was Jones to them, I would say little. How much of a threat to others beside himself, little?   If the time frame stated is correct, they waited just a little over an hour before storming the house. In comparison cops chased OJ for 2.5 hours, I sat in a vehicle inspection for an hour, what’s the rush    I do not buy the “he may have overdosed crap, we were concerned” so concerned they used shock and awe tactics. They knew exactly what would happen, subject would be dazed and startled before direct action, more than likely grabbing his gun in the confusion. If he were such an immediate threat they could have saved the theatrics and eliminated him without entry.   I personally do not think the police to the best of their ability tried to end this peacefully, they went from protect and serve to Blackwater mentality in no time flat. I don’t hold the officers responsible, I would say the person that gave them the green light for direct action is responsible. The person in charge put the officers, Jones, and the public in danger.   Maybe I should move my 1911 of the headboard, I sleep sound, I don’t want executed by some overzealous so called tactical expert trying to wake me up.   Some of these situations would not even happen if the justice system did their job and punished criminals from the get go, in my opinion Jones should have been in jail.            
starryeyes83

illumy:   Take a chill pill ya moron,  YOu actually didn't just make a threat now, did ya?  

  You don't know me  ... where ya there,  when they had the kids on the street corners protesting?

 He was on probation already for a gun vilation  or don't ya rememebr the house that he shot into and barely missed the 5 year old. 

BTW:  I ain't your friend - idiot

SMF1

SMF1 said.. "I am with you guys....Sorry, this family needs ot get their head out of their behind and drop this insane lawsuit.".............................response: your ignorance and/or arrogance (hopefully only due to a lack of knowledge of all the facts of the case) is astounding.

 

Hey thanks, Illum...I was waiting on pins and needles all day hoping for a response from you :) Call it ignorance, arrogance, or whatever you like.....the way I view it is the guy was in and out of trouble, his family admitted to "trying to seek help" for his "mental disorder"-which they never got meds for because the doctor moved away (what the heck is THAT about?), they call the cops because he's drunk/high and has a gun....then they get mad when they shoot the guy? C'mon! What are the cops suppose to do...walk quietly up to him, nudge him gently and say "Hey, can I have that gun you're holding, pretty please?" Yeah right. I think it takes balls the size of Texas to sue the county and law enforcement after what happened. I agree with gila that this guy should have been in jail...not coked out and drunk on Momma's couch with a gun. (And gila, I'd keep that 1911 right where it's at....unless you decide to get high and drunk and your mom has to call the cops on you....)

 

lor70

This was NOT a law abiding citizen!!  Most decent people don't "pass out" with a gun in their lap...SMF1  I totally agree with you....when you asked what the officer is suppose to do...."quietly nudge him and ask for the gun"......For those of you who are against the officers....If this officer was a member of your family I bet you would be thinking differently!  Would you want your family member going into some crazy situation without protecting themselves?  I don't think so.....I'm not saying that the officers are perfect...no one is....however....come on!!  These guys put their lives on the line everyday to protect us....and I for one do not blame them when they protect themselves!!!   RIP Andy Dunn!!

myownopinion

ok, so if i have this right, most of you are ok with the cops killing a drunk guy holding a gun. But.......when the cops in bellevue killed a drunk guy holding a gun they was all wrong!! double standard here folks. just saying

lor70

Moderators have removed this comment because it contained a duplicate post. Discussion Guidelines

lor70

My opinion is the same in that situation....again...kill or be killed.

Neversaynever

Interesting.

hmm really

His parents should be ashamed of themselves for trying to make a buck off of the death of their son.  I was so sick of seeing their trashy signs around Fremont.  NO CLASS, WHAT A BUNCH OF TRASH.

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