Jones family sues Sandusky County Sheriff's office for $20M

"Immediately after the detonation of the flash bang devises, Bryan yelled out 'Why?' as (Jose and Mario Calvillo) fired shots into his head and body. At least four bullets penetrated Bryan. It is believed that death was not immediate. The (Cavillos) were so wild with delusions and anger that bullets were found in the walls and woodwork of the residence as well as in the body of Bryan." - From Jones family lawsuit against Sandusky County Sheriff's personnel
Sarah Weber
Oct 18, 2010

"Immediately after the detonation of the flash bang devises, Bryan yelled out 'Why?' as (Jose and Mario Calvillo) fired shots into his head and body. At least four bullets penetrated Bryan. It is believed that death was not immediate. The (Cavillos) were so wild with delusions and anger that bullets were found in the walls and woodwork of the residence as well as in the body of Bryan."

— From Jones family lawsuit against Sandusky County Sheriff's personnel

 The family of Bryan Jones is asking for $20 million in a wrongful death lawsuit filed against the Sandusky County Sheriff's Department.

Jones, 26, was shot to death by sheriff's deputies on July 11 in his Ballville Township home.

Jones' father, Tracy Jones, called 911 that day to report his son was drunk and had threatened to kill his mother and himself. When deputies arrived, Jones was passed out in the house.

Deputies assembled a tactical response team, led by brothers Jose and Mario Calvillo, and fired flash-bang grenades into the living room to disorient Jones. They entered the house and almost immediately encountered Jones, who deputies said raised his shotgun at them.

According to coroner's records, Jones was shot four times and died of the gunshot wounds.

It's not clear how many total shots were fired by deputies, but both Calvillos fired their weapons.

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The suit, filed in U.S. District Court, seeks damages for the wrongful death of Jones and for the emotional distress caused to Jones' parents by witnessing the events leading up to and including the shooting.

Tracy Jones pleaded for a non-violent end to the incident and told deputies there was no rush to get Jones out of the home, according to the suit.

Deputies arrived at the scene at 9:50 p.m.

"Bryan could be seen through the front widow, passed out on his own living room couch," the suit states. "For no justifiable reason, the deputy defendants decided to enter the residence at approximately 11:30 p.m. There had been no communication with Bryan. It was and is believed that Bryan did not know that the deputy defendants were then outside his residence."

The suit asks for $10 million in compensatory damages and $10 million in punitive damages. Dennis E. Murray Sr. and Donna J. Evans of Murray and Murray law firm in Sandusky are representing the Jones family.

Teresa Grigsby, an attorney with Spengler Nathanson law firm in Toledo, is representing Sandusky County in the suit. She did not return phone calls on Friday, so it's not clear if the county's insurance policy will cover the whole cost of the suit if the county is found liable.

The suit names Sandusky County, the Sandusky County Board of Commissioners, Sheriff Kyle Overmyer, Deputy Jose Calvillo and Deputy Mario Calvillo.

"The Board and County failed to produce sufficient funds for the (Sandusky County Sheriff's Department), forcing the sheriff to cut expenditures and to continue to use employees who were incompetent to perform the duties required of them on July 11, 2010," the suit states.

It faults the deputies for excessive use of force and Overmyer for failing to adequately hire, screen, supervise, train or discipline his deputies.

The sheriff suspended Jose Calvillo for 10 days in January and demoted him from road patrol to corrections for directly defying orders to avoid contact with his ex-girlfriend. The woman had a restraining order against him.

Because the late Sheriff David Gangwer reprimanded Jose Calvillo for failing to obey similar orders, the deputy's January demerit included a last-chance agreement.

He was allowed to continue to carry a firearm and stay on the tactical response team because of budgetary restrictions, according to the suit.

Mario Calvillo joined the Sandusky County Sheriff's Department in 2003 after he was fired from the Fremont Police Department. In his first few weeks on the job in Fremont, Mario Calvillo was convicted of an off-duty drunk driving offense, resulting in his termination.

Since the incident, both deputies have been transferred to corrections and are not permitted to carry a firearm until the case is closed.

A special prosecutor, Tim Braun, intends to present the case to a Sandusky County grand jury. He has said anytime there is a police shooting it's prudent to have an grand jury review the case for possible criminal charges.

 

Comments

mikel

blood money

it is a shame that people can find lawyers who can convince them that they no longer have to be held accountable for their actions.  this is wrong america!

stars and stripes

mikel,

You are 100% correct, it has to stop!!!!!!!!!

stars and stripes

First of all the law enforcement was called the because of a situation that could not be handled by the individuals that call 911.  This individual was going to kill the mother and himself, he was in a drunken stupor and laying on the sofa, law enforcement showed up, and took action they tried to disorient him, they entered the house and the individual pointed a shotgun at them, they done exactly the correct thing.

It is time that once someone breaks the law and officers are called, appropriate action must be taken immediately, I would like to know the rest of the story when it comes to the individual that threaten to kill his mother in himself.

It would be quite interesting if the family members were law enforcement and intered into someone's house and the victim had pointed a gun, what actions would they have taken?

If you do not want law enforcement to take action, Don't Call Them.

I am more inclined to think that this is going to be a quick grab on taxpayer dollars.

I would like to know the criminal background of the family, including Dad, Mom, and the Son, remember the fruit rarely gets far from the tree.

 

 

 

 

soldat

What a JOKE!  I really hope the County fights all the way and doesn't bend over for this crazy family.

dorothy gale

Twenty million is what it takes to relieve guilt?  Wow.  The son threatened the mother.  The son was intoxicated and in possession of a loaded firearm.  The father called the cops.  The cops did their job.  Now the family regrets calling the cops and wants to make a quick 20 million.  Will money bring their son back?  If they truly believe the deputies were in the wrong, wouldn't it simply be enough to prove that in a court of law and then watch as justice is served?  $20 million?!  This is just outrageous.

oldskool

This story is tragic.....a life was lost!  However, I agree with the statements posted!  When I first read about this story a while ago, well lets just say "Who didn't see this coming?"!  Some families are just this way! Sometimes it is cheaper though just to pay them off than spend our tax dollars.  I hope the county fights them though but it will be years before anything is settled! (Especially if hearings are held in the Sandusky County Court system - oh but that is a completely different news story!)

Julie R.

dorothy gale: I doubt if it was the family that chose the amount of $20 million. That amount more than likely came from the Murray attorneys.

This story also made me sick when I read it. If the young man was heard to yell "Why?" when he was first shot, it leads to doubts that he ever pointed a gun at the police officers to begin with. He probably didn't even know that the police were in the house. This is about as pathetic as that shooting in Bellevue.

Sam

Fact, this subject;  history of violence, under the influence of drugs & alcohol, threatened his own family who know files a lawsuit, pointed a loaded firearm at officers.  His family should be awarded for their loss of this individual, result $0.  Sandusky County should be compensated for the cost of the bullets. The only thing that is pathetic is the greed of the family.

thinkagain

Another criminal case of the rootin’, tootin’, cowboy mentality police. Another death that could have been easily avoided. The victim, passed out on the sofa, didn’t even know the police were there. Why didn’t the police establish a perimeter and use a bullhorn to identify themselves? Then give him a chance to give himself up? If someone broke into my house when I was sleeping, you can bet I’d be reaching for a shotgun.   

Americans are in a far greater danger from their own police force than they are from foreign terrorists … The only terrorists most Americans will ever encounter is a policeman with a gun.   Yes, police officers are placed in dangerous situations that at times require immediate responses. But that doesn't excuse using more force than is needed to arrest someone. The lack of professional training leads to such fear-based responses, or treating citizens as enemy combatants. The lack of accountability is one of the reasons why police violence persists. Maybe having to pay out $20 million, will make the police more accountable for their actions.
Norma J-C

To think again, your tirade against the police makes me wonder if you're one of those the police has to deal with at some point. No matter, I'm just saying those who hate the police are those who break the law on a consistant basis and then blame the  police for putting them in jail.

This man held his family hostage and because of alcohol, did or did not comprehend the leathal outcome. It is his fault and no one else.

Lawyers generally sue for three times the amount that they hope to win. They get 1/3 of any amount won, the state gets 1/3 and the plaintiff gets whatever is left.

Survey...

BLAAAAHAAAAHAAAAA HA HA HA   HA HA HA HA HA   HAHAHAHAHA!!!!!!!!!!!!!!!!!!!!!    WHAT EFEN JOKE!!!!    

These clowns cannot be for real???    This article belongs in the comics section! 

Sam - Like you said, Sandusky County should get compensated for the bullets used!!

 

HarleyHDdeuce

I sure hope the family is saving their welfare money to pay for the lawyers after they loose this case!  Sandusky County should send the family a bill compensating the sherrifs hourly rate to take this clown out. 

Imataloss

First, the Murray's should be ashamed. Business must  be bad.

Second, I truly hope that Sandusky County fights this to the end.  Do not SETTLE.  Settling empowers attorneys to file baseless lawsuits because they know they will get SOMETHING.  

I hope these people realize that although they don't pay Murray's an hourly fee, they do in fact pay the actual costs of this suit.  Murray's will charge them for every copy, stamp, deposition transcript, and expert witness.  So again, it costs the Murray's NOTHING to take a chance and file.  

 

   

Imataloss

First, the Murray's should be ashamed. Business must  be bad.

Second, I truly hope that Sandusky County fights this to the end.  Do not SETTLE.  Settling empowers attorneys to file baseless lawsuits because they know they will get SOMETHING.  

I hope these people realize that although they don't pay Murray's an hourly fee, they do in fact pay the actual costs of this suit.  Murray's will charge them for every copy, stamp, deposition transcript, and expert witness.  So again, it costs the Murray's NOTHING to take a chance and file.  

 

   

gene44870

Some how I thought the lawyers or so called lawyers , would come and grab at the chance to make a fast buck .Well I am not here to cast judgement on who was qwrong and who was right .

All I ask is that the readers on here is to leave the judgement to the court systems and out of this paper .I have my ideas about this story , but I am not going to say one way or another as all its going to do is just keep the crap frenzy going on and on

No matter what the out come , there is still going to be one dead man , and thats not going to change and no amount of money is going to change that .

I am sorry for the family that has lost someone , but just try and remember , your family called them {the sheriff }they didnt not just one day decide to come out and kill someone .

No one can really  say what happened that day or aht was in the mans mind , and may never know ,

And correct me if i am wrong , but did t the sheriff get a call the day before and took him out of the home and dropped him off in fremont ?and if so , wouldnt it have better for the family at that time , to turn in all the fire arms and not let him have chance to come and retrive them?

when you really stop and think about it , you have to wonder who is really to blame for this mans death.

So when you really stop and think about it , who is really to blame for this , the cops for doing there job , or does the fault fall on the family for not taken steps to avoid this , by taken the guns out of the house ?

Thats going to be one trial that I would lke to be at , cause I would like to know the answer to these questions ..

thinktwice

Passed out or passed out with a gun in his hand or by his side/within reach? Interesting to me to see what happens here. Lots to consider for boh sides I bet.

thinkagain

Nobody need wonder any longer who is responsible for this man’s death. The answer is the ruthless, heartless, untrained, Calvillo brothers.

To gemini (no) logic, your tirade against the victim makes me wonder if you're one of those, who is in law enforcement or has a friend/relative who is. No matter, I'm just saying those who hate to give Americans the right to a fair trial are those who would rather see police treating citizens as enemy combatants and murdering them in their own homes.   No one was being held hostage, but what’s one more lie, besides “he pointed his gun.”   Bryan could be seen through the front window, passed out on his own living room couch.  For no justifiable reason, the Calvillo brothers decided to enter the residence. There had been no communication with Bryan. It was and is believed that Bryan did not know that the Calvillo brothers were even outside his residence.
thinkagain

I like think twice and gene44870 attitudes, at least they have open minds.  I’ll also reserve my final opinion until after the trial.

starryeyes83

Here's an idea:

How about the county, City of Fremont and the taxpayers  SUE  the family , instead, for 20 million?   For having to put up with  all the trouble and BS  they have created over the years.     This was  "suicide by cop"  nothing more.   

Salvatore

 

"Immediately after the detonation of the flash-bang devises, Bryan

yelled out “Why?” as the Deputy Defendants fired shots into his head and body. At least

four bullets penetrated Bryan. It is believed that death was not immediate. The Deputy

Defendants were so wild with delusions and anger that bullets were found in the walls

and woodwork of the residence as well as in the body of Bryan."

This to me tells me that Bryan had no intention of "suicide by police" so that theory is shot down if this is true (Bryan yelled out "Why").   I have not read the entire lawsuit and don't know what is fact or fiction at this point of time. The facts of the case should unfold in court. My main concern here is the truth and nothing but the truth.

SamAdams

At first blush, some might be inclined to side with the police. Let's pretend for a moment that everything the police said about Jones aiming his shotgun at them. If that's so, police (understandably) would immediately fire in their own self defense. They'll get no argument from me.

But here's where the question arises: Jones held no hostages. He was apparently passed out on the couch (by all accounts). So why did the police choose to enter the home in such a violent manner? There was no danger to anybody at that point. The police could have waited until Jones woke up and proved to be (perhaps) in a more sober and rational state of mind. The police could have waited until Jones woke up and then called him to see if negotiations for his surrender were possible. Storming the place is always an option, but it shouldn't be the first, second, or third: It should be the LAST.

In this case, the storm trooper mentality of some police SWAT teams apparently ran rampant and, as a result, a man is dead. Was he innocent? Not even by his parents' account. Was he a nice guy? Doesn't sound like it. But since when are those things capital offenses? And I don't care HOW short of money a police department is: Men who've been relieved, with good reason, of the responsibility for carrying firearms most CERTAINLY should not be on a SWAT team!

I reluctantly admit that SWAT teams are becoming more and more a necessity for many police departments. But given their training and overwhelming fire power, team members should be comprised of men and women of sound judgment and experience. The failure to ensure at least that much of those who quite literally hold the power of life and death in their hands really is a failing on the part of the administrators here.

Is this kind of mistake worth $20 million? I don't think so, no. But from this account, it does sound like mistakes were made and realistically, they ought to be paid for. I'm no fan by any stretch of the lawsuit mentality held by so many (and egged on by almost as many greedy lawyers). Still, lawsuits exist for a reason. Perhaps this case is one of them.

silvereagle_1

an' this is a BIG surprise because why. that be one way to get off the welfare. maybe even some pre-planning.

Dr. Seuss

 If the police lose this lawsuit I will officially lose confidence in the justice system.  

queen

The police do not just show up at random homes with the intention of killing someone.  Their presence was requested by the family, indicating the situation was out of control and the family was in fear of their own son at that time.  If they felt he was harmlessly passed out on the couch, no call would have been made.  His own actions caused his death.  The parents need to accept the truth and stop trying to blame others.

Falcon1006

This is such a joke!!! This family is a POS. Why does the county have to pay 20M to a family whos son was nothing but a drug dealing alcoholic.

illuminoctis

I would like to know who the individuals on this forum are, that are making judgments based on something they were not even there to witness.

Were you on the forensic analysis and/or crime scene investigation team? Do you have anything more than your assumptions to base your rants on?

OK then, since we are exploring opinions here... What if the parents were the type of people who think drinking is the devil?.. So they exaggerate a little to the police to get some intervention which theyy feel is in their son's best interest.. and then an armed swat team shows up and suddenly the parents start pleading for restraint and claiming there is no longer any urgency to get him out of their house?.. Things are happening so fast and I dunno if i should admit to giving false statements to the police, etc etc.. Bryan is startled awake and yells out "Why?".. Did you ranters consider that? (along with all of the questionable background on the officers involved?)

The officers who are possibly guilty of wrongful death say "He raised his gun at us" and you guys are ready to vindicate them before a trial even proceeds.. Are you serious!?

Anyone who makes judgment calls on this before the trial is complete, either has some personal stake/agenda in doing so.. or they are naive, marrow-minded, tunnel-vision types.. Either way, they are incredible (that means not credible), and not worthy of holding public office (or to be in any form of leadership or guidance role).

"U FAIL.. GET OUT!"

Massengill Wins...

Seeing that the Murray's defend such a POS family....... I have decided not to vote for Mr. Murray in the upcoming election because it is very apparently that money talks and principle means absolutely nothing.  A convicted felon with illegal drugs in his system wielding a gun and the police were supposed to do what?  These people are trash and in this case....... somebody took out the trash!

illuminoctis

hm

starryeyes83

Oh,  please!!  IF  you all think the Jones' are the type of people who are against drinking, think again!!  They are well known for the exact opposite!  Hell, they more than enabled  their son  early on.

These people have been leeching off the system for decades.  The protests over in Fremont were held on the street corners with their little children... ie: cousins, neices,  nephews ( under age of 10) pointing  toy guns at passing cars.  Surprise, the Sandusky Register didn't report that little fact.  

  Ask anyone over there,  Better yet, think of the movie Deliverance   $20 Million??   HA!  that family isn't  worth a plug nickel.  

This family has a reputation for a reason  and  NOT a good one.   

Strum the banjos.

 

illuminoctis

i would not know : P

maybe you do. but i can't judge at this time.. and my comment was directed at people who are only going off of hearsay

edit: you sound cute btw : P

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