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

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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.

Amerian Dad

Did they wait long enough?  Did they go in too soon?  Could other optonis have been presented? Did they wait too long?........Wasn't there, don't know.  I have a better than average skill set in this area but I still will not speculate on what was it the right and/or wrong way to do things.   We can Monday night quarter back this situation over and over again.   My main question is this; whether he was a sleep, faking being a sleep or starlted by the distractionary device, how long does it take to pull a trigger?  Answer, poised and ready, less than a second.........thought process to trigger pull, maybe a little over a second.  If those Deputies felt they were in imminant danger at that point in tme (not after words, not prior to but at that moment) than they did what they felt was right!  Or should they have waited until he shot one of them first, then return fire?

Do some of you actually think that a Law Enforcement Officer goes through their careers with the intent on taking the life of a person?  Thats something they have to live with now for the rest of their lives.  Most wish that it never happenes to them! 

This ruling will no doubt further tie the hands of Law Enforcement on similar situations.  I'm sorrowed for the Jones family for their loss and for the Deputies, may St. Michael watch over and protect you. 

 

illuminoctis

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czechurself

@ sash... for 1 hr and 22 minutes Jones was observed having liitle to no movement as it appeared he was even "passed out". (Overmeyer testifies that he was infact aware of alcohol and poss drug use that night.) He did not move when the phone rang mulitiple times, he did not flinch when the officers entered the home and yelled repeatedly "sheriffs department!!!" (all available in dispatch and officer reports)  and yet they felt it was necessary to cause conflict by detonanting a flash bang grenade into the residence anyway rather than attempt to disarm him while he "slept".  No additional calls to the residence were ever made to attempt contact with Jones, no lights were used to indicate police presence outside the home, no blowhorn was used to attempt to alert or contact Jones, no chemical weapons (gas) although these items were available. Overmeyer also testified that they didnt want to cause a "stir" that might lead to problems so they didnt even want to bang on the window. The father even asked to try to contact his son when, imo, he realized the methods the TRT was going to take but he was refused.  

There is no indidcation that Jones was ever aware of police presence the entire time he was ALONE in the house, posing no apparent threat to ANYONE.  

@ sash... Consolo had personal issues with Calvillo? The only dealings Consolo had with Calvillo were regarding internal investigations that he was directed to perform as a result of insubordination, and domestic violence situations.  Gangwer on the other hand might be who had "issues" as it was his neice that Calvilllo had been marrried to resulting in domestic situations.         

@Gilamonster...I agree that Overmeyer was not qualified to call the shots in this situation as well the TRT had not been performing regular training sessions for possibly months. Calvillo had no business being allowed to remain "team leader" since he has displayed violent tendencies and was insubordinate (these are judgments on and off duty) and was not even allowed to carry a firearm on duty at this time.  The use of M16 and 9 mm Beretta was extreme use of fire power.  No other tactical proticals were followed prior to entry. 

Coroner reports indicate that Jones had bullet wounds to areas of his extremeties that suggest his arms were somewhat raised but to do not prove that he was pointing a weapon.  I suppose having a 9mm Beretta and an M16 unloading into a persons body would account for some movement.

The boy may not have been a model citizen but the tactics and lack of procedure caused a person to die unecessarily.  And yes,

@lor70, from the several reports made by the officers on the scene, it appears it would have been just that easy to take the gun from his lap and detain him. 

Amerian Dad

@ Czechurself........ It's very apparent you are very familiar with this matter and the last thing I want to do is upset you further and/or cause any argument.  However, your comment about the use of an M16 (M4) and/or 9mm is not classified as extreme when it comes to tactical teams for CQB.   SWAT, TRT, SRT, HRT and the like all impliment these weapons into these situations, from LA to NY.   It's not the weapons who are extreme but rather those person(s) who operate them.  And that is an area I'm staying away from because I will not speculate on this matter....................

czechurself

@ American Dad ... I do not know this family nor am I from the area in which they reside.  I do not want to seem as if I am personally affected by this situation but I am "familiar", as you say,  with it.  As for weaponry, I stand corrected.  You make a valid point.  I do still disagree with the procedures that led to the outcome. 

 

I Judge you

But is it true the one boy said "hey watch this" before he slaughtered a sleeping man?

gilamonster

 

Safe to say Jones reaped what he sowed, to be honest I have no sympathy for him. I don’t question weapons used, or number of rounds fired. I question if LE tried to resolve the issue peacefully and ethically to the best of their abilities, that’s their job. I do not think they did.   I fail to see the direct threat until Overmeyer placed the officers in the position to engage. Flashbang should incapacitate target for several seconds allowing entry and subduing or termination of target. It worked perfect. I cannot convince myself they thought this would end the situation without shooting him. There were no hostages in the house, no violent standoff. Using a diversion device also has an added benefit, easier to cover things if the situation gets “sloppy”. Coroner said looks like his arms were in shooting position, sure as hell; or maybe he lifted them because a bomb blew up next to him.   Give a person some OPTAC training he becomes SOCOM, give his TRT black bdu’s, some toys, training every six months and bingo; they turn into FORECON. I take that back, huge insult to Recon. Inadequate training? Perhaps they should invest in a “203” for the next go-around. Only thing worse than a sleeping drunk with a weapon, are wannabe paramilitary commandos.    If Judges harshly sentenced criminals, and prisons moved back toward punishment and hard labor; maybe some of these thugs would not repeat past mistakes. 
BigCityGirl

I agree with everyone who says his family is to blame, not law enforcement. And seriously, 20 million...I'm pretty sure they are just looking for an easy payday!! I'm sorry that they lost their son, however they should have done more to help him before they let him get drunk/high and have a gun. I do not think that anyone deserves to die, so don't get me wrong, but I do think people need to take responsibility for their actions and he obviously never cared. Why did he have the gun in the first place? The police officers were right to shoot first before he did, as soon as he lifted the gun. And his family saying he wasn't on meds for his mental problems because his doctor moved away....there was only ONE doctor in town??? Get a new doctor!! He obviously did have mental issues though, because no one in their right mind shoots into someone's house, threaten's their mom, falls asleep/passes out with a gun on their lap, I mean come on, if he wasn't killed or atleast put into jail he would have eventually killed someone. And his family putting on a show in fremont, absolutely ridiculous!! Hey teach the younger children pointing guns at people is ok!! Maybe they can call the cops on them when they get older and threaten the parents as well! Another 20 million dollar payday! Yes he may have been disoriented when the cops walked in, but that doesn't give him to right to point a gun at them. If he hadn't had the gun on his lap in the first place, this never would have happened. So lets start blaming him for this!! And as for his mother saying she didn't actually think he would hurt her or anyone, then why'd she call the cops? Because she finally decided to start caring about her son, after not caring that he was heavily drinking and doing drugs? I'm not saying she didn't care about her son, but she should have done something WAYYYY before letting him get that out of control!!

DGMutley
Worth repeating, from the 2010 Archives, =========================================== DGMutley says,   Maybe I'm alone but I am sick and tired of reading week after week about law enforcement taking out mentally ill folks or folks who aren't capable of taking care of themselves.

The "heartfelt sympathy" from the sheriff's dept is pretty shallow considering that they knew going into subdue him that if he twitched he was dead.

Flash-bang, break door down, surprise, surprise, surprise--what kind of reaction was expected?  

Honest to God, animal control needs to be called in these situations!!!!   =========================================== DGMutley says,  

It's not surprising that the deputies were not charged. How could they be without saying the deputies don't have the right to protect and defend themselves? That isn't the issue. The issue is that we don't go around killing 26 year old kids for being drunk and stupid.

From what I've read Jones was drunk and passed out and didn't even know that they were coming until the flash bang when off waking him up (startling him).

There isn't any sense to the way this problem was handled. The sanctity of life got lost somewhere along the way when it should have been the priority.

======================================
starryeyes83

illum:   Good you weren't needed here to begin with.    Apparently you condone this clown's actions- I do not.   His parents should have handled him instead of calling the law.    Just one LESS criminal in the world.

 

I take it you condone the fact that this clown  had fired shots into a house with a five year old , nearly missing  him/her.   And yes, there WERE drugs involved.   I do remember the family protesting with their  signs and  they also DID have the little kids pointing toy guns at passing cars...I would say that speaks volumns about this family's  role in life...They have been nothing more than leeches..Period.  

There,   I prettied the wording up a bit....

 

When you said   I was "hanging by a thread"...   that sounded like a threat to me.   Maybe YOU should brush up on your comprehension a bit.

czechurself

Staryyeyes and BigGirl,  you are entirely off point missing the whole issue being brought up. 

The opinion is not that Jones conduct should be condoned or whether the family displays certain social graces.  Opinions on those matters do not justify the procedures taken by the TRT.  The objective to their presence was to prevent any injuries yet an unecessary death occurred at their hands.  

lor70

For those of you who are against the officers in this situation....what would your stand be if it were one of the officers shot and killed and not this guy?   How would you have handled it....knowing he had a gun and was high or drunk?   When your life is on the line....what would you do....this guy had issues!!  His own mother was afraid of him or she wouldn't have called the police in the first place!!  I'm sure they loved their son and they miss him and wished it would've ended differently, however, to sue for $20 million is crazy and undeserving!! 

illuminoctis

you do not truly want a world where police, fbi, and other law enforcement have the right to just do what they want and if they do kill someone uneccessarily the public just says "that is fine" do you? i vote that all kids should probably get off this site right now and let the adults discuss this instead.

starryeyes83 said.. I take it you condone the fact that this clown  had fired shots into a house with a five year old , nearly missing  him/her. i clearly said he probably should have gotten more than 3 years in prison, considering the circumstances that he was close to hitting a kid.. i dunno why you want to pretend like i didn't already say that. I do remember the family protesting with their  signs and  they also DID have the little kids pointing toy guns at passing cars...I would say that speaks volumns about this family's  role in life. are you saying that you saw the adults coaching the kids to point the guns at the cars?.. or were they just kids being kids all on their own?.. you've never seen kids playing with squirt guns or zapper noise guns or anything like that?... volumes? really? i am actually very over-analytical some would say and i cannot seem to come up with anything close to one volume. When you said   I was "hanging by a thread"...   that sounded like a threat to me.   Maybe YOU should brush up on your comprehension a bit. i can see you have a tendency to make a big deal out of things that are small (or even non-existent things, apparently).. hanging by a thread means that you basically do not give up even when you have little hope of success, you fight until the very end.. the line was from the movie "Jerry Maguire" which you obviously did not watch or do not remember that part : P

@ bigcitygirl after the flash bang it is said that officers could not clearly see jones but yet they claim to know that he made eye contact with them.. you can barely see the guy and yet you can see what his eyes are focused on?? sounds fishy to me.. and uh btw, your post is just riddled with assumptions and general bias it seems... there is no proof that he raised a weapon, only that he raised his arms..which is what most people do if cops point weapons at them.. u throw up your hands in surrender usually... maybe that is what he was doing and the cops, who could not see clearly, got scared and shot him?

@lor70 the procedures used were retarded, period.. and it is potentially dangerous (for us, as citizens) for people to continue to applaud (and/or make excuses for) those procedures.. we are criticizing whoever was calling the shots here, whether that was the officers or their superiors.. and to answer your question about how i would feel if the cop had gotten shot.. i was very upset over officer dunn's death and i did not even know him.

P.S. no one here criticizing (the procedures that were used) is even talking about money here so.. forget about the money and focus on what is important.

illuminoctis

all of this aside, i hope everyone has a merry christmas.. regardless of your current financial situation i hope that everyone can at least get together with family for a really nice dinner and some movies or something like that.

czechurself

@ Patriot ...I think that the conversation was more regarding exact procedure by TRT than whether Jones is a model citizen.  Most people here are using false causality saying that if we disagree with the tactics that ended up killing a boy who had displayed previous illicit behavior we must condone the behavior.   Not the case.  The opinions shared by those that are concerned with TRT tactics are not emotional opinions rather they are based on the facts.  You feel the same I see. 

 

 @ illumi....Aww thanks, man, you illumin up my life a lil bit with that ;)   you have happy holidays with your family too!  

SMF1

 

You too illuminoctis :)

patriot5
It is clear most do not question Jones character, I do not feel he served enough time in prison. The question remains were the officers justified in breaching the house? Someone said early no hostages, no standoff, no violence displayed toward anyone; they report he was passed out. I do not feel they were justified to do so. Some say lack of training, I agree that Overmeyer was not qualified to handle the situation. However he deployed a tactic that put his team at minimal risk to extract or execute Jones, I feel they knew it would be elimination. Almost an act of cowardice by the TRT. If you look at what was happening upon arrival, nothing until Overmeyer turned a static situation into a dynamic one placing everyone in harms way.   There are numerous instances of misuses of diversionary devices, by poorly trained or under trained “cowboys.” Sometimes it is officers lack of judgment that enacts regulations that tie their hands. This will probably end up in a training video, “What not to do.”   Some comments here scare me. Example should I need to call the police, I can just expect someone gets executed; otherwise I shouldn’t call the cops. After all there are no other methods to deploy that may have a more peaceful resolution. 
SimpleEnough

We can all make assumptions as to what could/should have been done after the fact. Like I had said before in previous stories, what were the circumstances that had the Sheriff decide to make a tactical entry to end the situation? What was the environment (besides dark at night)? There were how many family members there at the scene and how did their behavior play a role in this (we saw it afterwards in Fremont), we had law enforcement from OSP, SCSO, FPD and Sandusky County Parks Service I believe, so we had a lot of resources committed to this one call. So what were they to do send the resources away continue to cordone a sizeable area off with just their manpower (SCSO) and wait Bryan out? We pay the Sheriff to do his job make decisions, to protect and serve the county residents and that includes the folks that live in that area. The situation would have never happen if Bryan's numerous actions had not set the stage. His civil rights were not violated, he was in violation of "weapons under disability" a felony, LEO were to ignore this? I don't think so.  

czechurself

@ SimpleEnough....

That is exactly the right question.."what were the circumstances that had the Sheriff decide to make a tactical entry to end the situation?"  If you read the official reports from officers and dispatch re: the circumstances leading up to entry, it does not appear the choice to use of DefTac upon entry was an appropriate call.  This tactic specifically is what lead to the outcome. 

It has been reiterated that there were no other tactical protocols were attempted prior to entry.  Yes it was dark and no illumination was the direct order by the Sheriff, which would have been one protocol that would have made police presence known outside the home.  As to the family who were at the scene, no family was allowed at the scene although Jones' dad asked to be allowed to talk to his son.  That request was denied and would have been possible with the use of a blowhorn and would also have been another protocol to making contact with Jones.  Only one attempt to contact Jones by phone was made (by dispatch) but it was observed that the phone rang multiple times and Jones remained unresponsive during that attempt.  No other call was attempted and normally several attempts are made, yet another possibility for protocol.  No other devise to attempt to disarm Jones was used such as chemical devises that would have kept officers themselves out of danger.  Here again, possible protocol.  Any of these procedures could have kept officers from having to make entry to begin with.  

Glad you bring up the point and ask the question what should they do "wait Bryon out".  Yep.  Even if it meant they were going to be compensated for it with overtime, which was a large concern for the department.  Especially if it meant the diffusing the situation peacefully. 

The direct call was made not to disturb Bryon.  NOT to "stir" him was the decision while officers sat outside observing Jones for over an hour showing little, and then no movement.  Hence the reason Overmeyer gives for never opting the use of the procedures I referred to in the above.   In testimony Overmeyer states,  "no movement,  we go in" ...."movement,  we don't go in". 

So it is exactly the right question to wonder what in the world would caused Overmeyer to allow TRT to first make entry and THEN use a devise meant to alarm him while he was just several feet away from officers and still holding a weapon????  We pay the Sheriff to make decisions that protect ALL its constituents, including Jones and his officers.   Overmeyer risked the lives of the TRT and is resonsible for the actions that caused Jones death by his decisions.   

Being in possession of a weapon under disability does not carry the penalty of death.      

sanduskysteve

Moderators have removed this comment because it contained personal attacks and libelous or defamatory statements. Discussion Guidelines

DGMutley
So, SimpleEnough, let me make sure that I understand your thoughts.   Your 26 year old son is in there lying on the couch, passed out, with mental issues, and you would say, "Go in there and explode a flash-bang by his ear and if he moves, shoot him!"?
SimpleEnough

DGMutly, Mental issues my butt, he has had his butt in a crack for sometime. If you want to stand by the mental issues arguement, would that make it even more the reason to end it quickly and use a TRT to try to end it without injury to all parties involved, but guess what, no one knew what Bryan with a shotgun would do, did they!

SimpleEnough

sorry double post.

starryeyes83

illumi: 

  If you were around Fremont at the time YOU would  know,   now wouldn't you? 

 Did they coach  the kids -  YES!!!   

 

Apparently,  you think you have all the answers and  you clearly do not.    There is a reason this family has gotten  the reputation they have over the years. 

 

Now I know you're going to feel compelled to make a  smart @ss know- it -all answer.   You are clearly trolling on this story. 

 copy and paste away....

czechurself

why didn't i say that?

starryeyes83

@ illum ;    FYI ,   No, I've never seen  Jerry McGuire ( can't stand TC)  so your reference   means nothing to me.