Deputies not charged in Bryan Jones shooting death

A special Sandusky County grand jury heard evidence but returned no indictments Friday in the fatal shooting of a rural Fremont man, according to The Blade of Toledo.
Register
Oct 23, 2010

A special Sandusky County grand jury heard evidence but returned no indictments Friday in the fatal shooting of a rural Fremont man, according to The Blade of Toledo.

Sandusky County Sheriff’s Deputies Mario and Jose Calvillo, who are brothers and members of the sheriff’s tactical response team, shot and killed Bryan P. Jones, 26, at his parents’ Tiffin Road home July 11 after Jones’ father, Tracy Jones, called the sheriff’s office saying his son had been drinking for two days, had threatened to kill himself and family members, and was inside the house with guns.

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.

Friday, the sheriff declined to comment on the grand jury proceedings and referred questions to Special Prosecutor Timothy Braun. Mr. Braun, an assistant Lucas County prosecutor appointed to the case, declined to comment, citing the secrecy of proceedings.

Family members of Jones said after his death that Jones had been asleep on the couch when the deputies arrived.

Earlier this month, his parents, Tracy and Kim Jones, filed a $20 million wrongful-death suit in U.S. District Court against the deputies, Sheriff Overmyer, the county, and the board of commissioners. They claim they had called for help for their son and he instead was killed by the deputies.

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.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.

 

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Comments

Julie R.

Why did they have a special Sandusky County grand jury? Considering this happened in Sandusky County wouldn't that be sort of like a conflict? 

Julie R.

I'll bet the Murrays won't lose the $30 million dollar lawsuit for Cedar Fair CEO Dick Kinzel and his wife. 

Taxpayer

Oh NOOoooo.  What a terrible disappointment for the Sandusky Register.  They tried to escoriate two brother police officers to infer BLAME for this entire incident and now they are NO BILLED by a grand jury of their peers.  Imagine that!  And what about that $20 MILLION dollar lawsuit they are trying to BILK the Sandusky County Sheriff's Department and ALL the taxpaying property owners???  Same 0bama concept.  They have PLENTY of money to dole out.  Yeah, let's BLAME the Sheriff's Department and taxpayers for ALL our troubles.  Good luck with that.  I hope and pray the insurance company for Sandusky County does NOT settle out of court.  I want them to receive NOTHING for trying to BLAME everyone else.  PLEASE select me for the jury.  I promise to bring about very quick justice for all. 

Julie R.

EXCORIATE

Salvatore

It’s not clear how many total shots were fired by deputies???? Not clear? Looks like all of the facts are not in if nobody knows how many shots were fired. Count the empty cases for a start or the number of bullet holes. Not clear?  How was this jury picked? Was anybody eliminated from the jury? If I was on that jury, they would throw me out for asking too many questions.

iamrevolutionary

 Something doesn't sound right , here.......JMO........

silvereagle_1

nothin' like tryin' to get money for the death of a son, so the BLAME can be put on everyone else except where it really belongs****the parents for being enablers****providin'  a place to drink and havin'  access to guns. 

DGMutley

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.

 

Julie R.

Why, when it comes to police shootings, are there so many conflicting stories? According to this shooting one story is the young man could be seen through the front window for over an hour passed out on the couch before the police even entered the house. Yet according to the police he was not passed out and he pointed a gun at them. Same with the shooting on the porch in Bellevue. The police claim the man stood up and walked to the door and then pointed a gun at them. Yet according to the evidence the man was still sitting in the chair when he was shot  24 times.  

Bluto

Mutley , come on ! 26 year old kid ? You have got to be kidding !!! The officers were doing their job , protecting the public. Who would you call if someone is threatening suicide and to kill others ? A social worker , a priest , the firedept. ? NO , the police is who you would call when lives are in the balance . This is tragic for this family but it is obvious this situation was beyond talking and the family knew this or the police would have never been called.

DGMutley

from Bluto,

 

Mutley , come on ! 26 year old kid ? You have got to be kidding !!! The officers were doing their job , protecting the public. Who would you call if someone is threatening suicide and to kill others ? A social worker , a priest , the firedept. ? NO , the police is who you would call when lives are in the balance . This is tragic for this family but it is obvious this situation was beyond talking and the family knew this or the police would have never been called.

"GodHelpTheBeastInMe">>>   Come on?  Geez Bluto he was passed out!

 

 

Buff

Sally:  in the interest of providing factual information; a grand jury is convened by the prosecuting attorney.  The accused is not permitted to participate in the proceedings (except as a witness if he chooses to testify),  hence no one can be eliminated, except perhaps by the prosecutor. The proceedings are secret in nature, that is no one is present except the prosecutor, the witness and of course the members of the grand jury. 

The function of a grand jury is to determine whether there is enough evidence, based on the elements of the offenses alleged, for the case to proceed to trial.  This differs from the function of the petit jury-the jury responsible for deciding guilt or innocence during a trial.

Before you attack me, I'm not being critical of you, I just think it is important for you to have accurate information before you form your opinion.

Salvatore

Mama Mia!! My favorite legal expert!!! Oy buff!! You play nice and not attack me and I will not attack you. Okay? Let's see what you wrote and I will try to decipher it in non legal terms.

"in the interest of providing factual information; a grand jury is convened by the prosecuting attorney." What about not so honest or not so bright prosecuting attorneys? What is really factual if facts are held back?

"The accused is not permitted to participate in the proceedings (except as a witness if he chooses to testify),  hence no one can be eliminated, except perhaps by the prosecutor. " The accused is not permitted to participate? But he can if he is a witness? What in the hoot does this mean? Either he can or cannot. Which is it? Any accused is also a witness. The two cops were there so they were witnesses as were the other two cops who did not fire.

"hence no one can be eliminated, except perhaps by the prosecutor." Like I said, if I asked too many questions, the prosecutor would tell me to go home. 

"The function of a grand jury is to determine whether there is enough evidence, based on the elements of the offenses alleged, for the case to proceed to trial." So, how many total shots were fired? Or is that a big secret? How about other facts withheld from the case? Mayby these facts will come out in a civil trial?

"Before you attack me, I'm not being critical of you, I just think it is important for you to have accurate information before you form your opinion."  I will not attack you, buff if you play nice. You play nice and I play nice. You attack me and I attack you. I value comments from legal experts. But that doesn't mean that we have to agree. I hope that you will post more legal expert comments in the future, okay buff? We can agree or disagree in a civil manner, okay?

 

 

Buff

The accused is not permitted to participate to the extent that he/she cannot object to jurors on the grand jury as he/she is entitled to with a petit jury. He/she does not have a right to be present at the grand jury proceedings.    The 5th Amendment guarantees the right against self incrimination, so any accused is not necessarily a witness.  He/she has the right to refuse to testify, even before the grand jury.

I will not respond to your questions about the character or intellect of prosecuting attorneys, you have obviously already formed an opinion about that.

As for the testimony of the officers, as I said, the proceedings are secret.  Therefore, no one but the prosecutor, the officers themselves, and the jurors know what was said.  The record is sealed. 

starryeyes83

well hey, they gotta thin the herd somehow.  Seriosly,    Jones' own action are to blame.  No one else.

Woody Hayes

@Juliebeth:

What evedience are you talking about in Bellevue? The last I seen or heard, the case was still being investigated by BCI, which means that nothing has been released yet, meaning that nobody on the outside world knows anything. I would suggest that you and I wait until BCI makes their report public, just saying.

Julie R.

Sorry Woody, but according to the stories about the Bellevue shooting the man was shot while sitting in the chair. His wife said it and so did a neighbor. The neighbor didn't see the shooting but afterwards that's where he saw the man's body slumped ---- directly in front of the chair.  And I really don't know how the BCI is going to change that fact.  As for this shooting, I don't care what anybody says----there is no way a coroner can state with scientific certainty that the young man pointed a gun at the police officers before he was shot. That's a bunch of pure crap. 

Woody Hayes

@Juliebeth

You said the operative word, stories. That is not fact, wife was in bed, body can twist any way while being shot, neighbor seen what from where in the dark, ect. We don't know until the BCI report comes out, everything is still hearsay and supposition.   

Julie R.

More like the truth can be twisted during an investigation a.k.a. looking at the facts and feigning ignorance. Sort of like the jokes in Erie County are known to do.

Julie R.

Hey attorney Buff, why is the testimony of the officers and the proceedings a great big secret and why are the records sealed?  Shouldn't this be a matter of public record? Seem to me like this sealing of records has become the norm----in city government, county government and even the Ohio Attorney General Cordray has been known to do it. The Erie County Recorder appears to be sealing records, also----at least online, anyway.  All acts upon property are a matter of public record yet a lot of these records are not viewable on the recorder's website. Gee, wonder why.

Salvatore

Buff says "I will not respond to your questions about the character or intellect of prosecuting attorneys, you have obviously already formed an opinion about that." Of course I have formed an opinion about the chatacter and intellect of prosecuting attorneys. I can read facts. All over the country, I read about them. Some of them went to jail.

My questions about this case are many but maybe the facts will come out in the civil trial. The deputies claimed that Bryan raised his shotgun. I believe I read that the autopsy showed that wounds inflicted to the arms of Bryan indicated this. Could Bryan have had both arms out to indicate a defensive position to indicate to the deputies not to shoot? Did the shotgun have any bullet damage to indicate that the shotgun was indeed pointed towards the deputies? If so, was the grand jury aware of ALL of the facts or just some of the facts? ALL of the facts should be shown to the grand jury. I wonder what facts were left out but will be shown by the civil case? By then would not the statute of limitations be passed? I wasn't there buff and neither were you and others that comment here. I am only asking questions. Was there bullet damage to the shotgun? How many total shots were fired? Did the family of Bryan see the shotgun after it was confiscated? Did the shotgun show any bullet damage?

Buff

Sally:  Ever hear the expression that a prosecutor could indict a ham sandwich?  If the grand jury no-billed this case, there was clearly not enough evidence to proceed to trial. 

Julie is now a forensic scientist? 

Julie R.

Buff, what in the world does a forensic scientist have to do with sealing records? Are you feigning ignorance as per usual?

Buff

julie you said "As for this shooting, I don't care what anybody says----there is no way a coroner can state with scientific certainty that the young man pointed a gun at the police officers before he was shot. That's a bunch of pure crap."

Where did you receive your training?

Julie R.

That wasn't the question I posed to you, Buff. Feigning ignorance again or what?

Nevertheless, the young man could have raised his arms for a number of reasons. He could have been startled or even raised his arms to surrender. In other words, the forensic scientist was not present at the shooting so there's no way he can state with scientific certainty that he pointed a gun at the officers. Common sense.

Julie R.

Hey attorney Buff, where did you go, anyway? You never answered the question. Why are the proceedings in a police shooting a big secret and why are the records sealed? Seems to me that should be a matter of public record. Sort of like the Erie County Auditor and Recorder's office-----why aren't they making all fraudulent acts committed on property viewable on the website?

Buff

Grand Jury proceedings are secret-always have been, in part to encourage witnesses to come forward and testify truthfully without fear of retaliation or intimidation for doing so. 

You don't get to decide what's fraudulent.  Again with the Tale of the Fraudulent Estate.  Give it a rest.

Woody Hayes

@Juliebeth:

How can you make a police investigation public record when the investigation is still in progress?  

Julie R.

Buff: Your comment doesn't make any sense. (surprise, surprise)  You said it encourages witnesses to come forward without fear of retaliation or intimidation. What witnesses? The police officers? If so, to whom do they fear retaliation from? 

P.S. Oh by the way, I e-mailed the recorder Barb Sessler and questioned why records aren't viewable online. I also informed her of ah....a couple of mistakes pertaining to the sparse information on the website. First, the prior Instrument Reference Number on the fraud *Quit Claims Deed #200202036 was Volumn No. 383 Page 821 of the Erie County Recorder, not Page 820 as stated------which means of course that the prior Instrument Reference Number to #200202037  (*an invalid TOD Deed)  is most certainly NOT the fraud *QuitClaims Deed #200202036.

*This Instrument Prepared By:

Baumgartner & O'Toole 

 

Judicator

THE POLICE are merely gun weilding idoits just waiting to pull the trigger on anyone, and of course, the Brotherhood can do no wrong and will protect themselves, and the Judges and prosecutors are thier insurance to be corrupt.   They train as if they are Military!!!  I was in the Marines, and yes we did train to Kill, but in a war, not innocent people sleeping on their porches.

"TO PROTECT AND TO SERVE"    HAHAHAHA, what a joke!!!!!

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