Family of man killed by deputies to get day in court

Appeals court rules against Sandusky County; Bryan Jones case ordered to trial
Melissa Topey
Nov 13, 2013

 

The federal Sixth Circuit Court of Appeals ruled in favor of the family of a man who was killed by Sandusky County deputies in 2010.

Bryan Jones, 26, was asleep or passed out on a couch in his family's home with a rifle in his lap. He was alone in the home after he went there drunk and scared his family from the house. Deputies went inside and used a flash bang grenade to awaken Jones. They shot him when the explosion jolted him awake and the rifle on his lap moved.

The Jones family filed the wrongful death lawsuit against Sandusky County, deputies Mario and Jose Calvillo and Sandusky County sheriff Kyle Overmyer, contending deputies were reckless and there was no cause to kill Jones.

Federal Court Judge Jack Zouhary ruled last year the lawsuit would go before a jury, but the county  appealed that decision. The appeal was denied Tuesday.

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Comments

Stop It

It's way past time for justice to happen in Sandusky Co.

sandtown born a...

Way past due

mikesee

Can't wait for these comments.

Darwin's choice

Jones was murdered. Those cops need to go to prison.

Last week, a 13 year old playing with an airsoft toy gun was killed 10 seconds after police pulled up, middle of the day. He was shot 7 times, 6 in his back and side!

The police are losing sight of "Protect and Serve"......

4-wheeler al

what happen to freeze put the gun down and hands in the air.

Simple Enough II

Aw Horse crap, the family enabled the dumb arrse and couldn't handle his stupid & dangerous behavior. A convicted felon living with his parents, firearms in the home & access to them (illegal), using alcohol & illegal drugs, done time for firing a "shotgun" into another persons home. Yeah, I guess there was no risk with him.

MBR

That doesn't allow the police to be judge, jury, and executioner.

Simple Enough II

Not saying things couldn't have gone different, but I'd be arm chair quarterbacking, but Poor little Bryon set everything in motion and his family played a big part in it also. Why hang the blame on the officers? I just hope the jury uses common sense and see tis for what it is, a money grab.

Peninsula Pundit

For the reasons you stated, I'm on the cops side of this, as well.

AEversole

Time to open up that pocket book Sandusky Co. This is going to devistate the county financially, but that family deserves to get compensated. Now a days cops are trigger happy and to quick to kill, that was a mans life that was taken, he didn't point tva gun at them or fire. If you are scared of a suspect just because he has a gun, you shouldn't be a cop...I understand that you don't want to get shot and your gaurd is up in those situations, but if he didn't actually draw down on you, in my eyes you were wrong and someone needs to be held accountable. Back in the day do you think a sheriff would have shot a man for having a rifle on his lap sleeping, and what did they think was going to happen when the flash bangs exploded? Of course he jumped up. This is just way to common in today's world for cops shooting people when the, suspects have no real intent on using their weapon. You guys see a gun and automatically think your life is in danger and have to fire. I am sure its frightening to see a suspect with a gun and to know he could get the jump on you, but that's what you signed up for when you became a cop.... it 's a hard job and I know you want to come home every night, but please quite trying to shoot everyone that moves quickly, that is reaching for something, or isn't complying with your orders.... I sm glad I am not a cop and I think you guys are great, when your not breaking balls for petty crap, and shooting people.lol

AEversole

So what if he has s record for a fire arm offends. It is your job to treat him the same that he would you or me. Yea you will be on alert and have your gaurd up, but don't shoot the man when he didn't fire or even make a litigate attempt to... it is your job as a cop to be in dangerous situstions. I guess that is what seperates a great cop from an all right cop. The ability to handle your self under pressure in a life threatening situation. Most men probally would buckle and lose their composure, but I hope the family gets paid regaurdless......

Simple Enough II

His choices in life and look to all have been poor. Look up his arrest record read the original news stories when this 1st kicked off. Family won't take responsibility for their own kins actions, blamed everyone else but themselves.

deertracker

He was SLEEP! Is there something you don't understand about that?

Peninsula Pundit

I'm very surprised all the knee-jerk 'law and order' types here are coming down against the police they love and 'serve.'
The guy threatened to kill someone, discharged the weapon,was under the influence and due to being rudely awakened, he most likely did raise the weapon.
The police had no choice and I seriously believe, based on previous posts on other boards on the SR, that all of these detractors would've pulled the trigger on this guy if they were there.

deertracker

Really? What did he do to threaten the police that day? That's the only issue here. Most likely? Don't make up stuff. Stick with the facts. Have you ever heard a flash bang or been awakened by one? This is just an instance where the police were wrong. Had that been a family member would you feel the same? It's not about "law and order" it's about common sense!

Peninsula Pundit

He threatened his family.
He posed a threat to the police by being in direct possession of a loaded weapon.
C'mon, I shouldn't have to explain this to you.
When he was awakened from his drugged/drunken stupor he most likely raised his weapon.
He got shot.
What do you and your ilk always say?
'If you've done nothing wrong, you don't have to worry about the police.'
He was doing wrong, he got his tuckus shot off.
Anywhere else, YOU'D say that is what happens when you don't obey the police.

deertracker

You did not answer my first question. Again, stick to the facts. If he was in a drug/drunken stupor he may or may not have had the time to do what you are suggesting after being awaken the way he was. Did he have the gun illegally? Who is my "ilk"? The article only say the gun "moved" which will happen if it is on your lap and you are awakened the way he was. No one else was in the house. What orders did he disobey?

Dont Worry Be Happy

He threatened people earlier that day...he was drinking....he has prior offenses...they know he is armed....he is not answering...so what are the police suppose to think at this point??? I would be thinking he is up to something. Then the police go in bad guy apparently on the couch he and the gun move...at this point the police fire their weapon and kill the bad guy. All I got to say thank goodness none of the police were killed. Family's trying to cash in when they were the ones to call the police on him because he was out of control, oh my what's our world coming to, shame, grow up people and take responsibility for your own actions and stop defending those that are wrong.

Simple Enough II

Look the kid was stupid alright, he had chances and threw them out the window. Just look up his court records with the county and you will see he had recently been in trouble again and had in the past proven to have used a "shotgun" to try and settle a dispute doesn't matter if it was over drugs or drug money, he still like a coward went to someones home in the night time I do recall and fired a shotgun slug into that home, not bird shot, but a slug and there was a child I do believe in th room where the slug was fired at (please correct me if I am wrong). He had a history and the family can say what they want, but they couldn't control him and they allowed him access (ilegal as it was their home he was living) to firearms. If he was passed out/asleep like they said, why didn't they take the firearm from him, why did they call LEO's to do that? Maybe because they were afraid?! How about the family just taking some responsibility for a change?

Dont Worry Be Happy

I agree Simple, I'm sick and tired of people not being accountable for their actions. Now its turns to greed.

AEversole

Stupid auto correct

Darwin's choice

Gun and a badge makes you a man.....

Fact: it takes more training and class time in the State of Ohio to get a license for cutting hair than it does to get a gun and badge...just think about it........

ladydye_5

If it is so easy, I wonder why others don't do it. It sure as heck isn't for the pay or the pat on the back. Look at the way you all talk down at them.

Stop It

One bad cop makes the whole dept. look bad. Think about that.

jim1450

The problem is there are more "than 1 bad cop" & they routinely get away with much more than the citizens they are supposed to be protecting.
Police are way to paranoid nowadays & all they need to say they were in danger or in fear for their life & often get off easy.
It's no secret how dangerous the job can be, if they can't handle it they should find another profession.

Stop It

^+1^

Darwin's choice

Do you know many poor cops? Or non-union-protected-for-any-stupid-fireable-offenses cops? Or any without a pension that allows them to double dip (Lang) or triple dip? Easy is only half of it.

ladydye_5

Well if the money, the pensions, the double dipping, and the unions are so great why don't you go sign up!! There are classes and academies starting all the time. Put your whining a** on the line.

Darwin's choice

Hit a nerve?

mamaC

Dang... Sandusky County how many more cases are out there you have botched or violated standard procedures? Sounds like the Justice train is coming in for many families!! Choo Choo!!

Julie R.

LIKE.

Sitting In The ...

Everyone's so one-sided...try seeing it from the opposition standpoint. Not to mention all the tax-dollars used in this case regardless of what side you support and if the county gets sued they'll either raise your taxes or have to lay-off deputies to remain within their budget. For your sake I hope it's all worth it and remember no matter what happens it'll never bring him back.

Julie R.

Who cares? They raise taxes, anyway. I hope this family and all the other ones in Sandusky County get JUSTICE. They deserve it and it's long overdue.

Darwin's choice

From another site...

"It’s hard to pinpoint what exactly is responsible for the growing spate of police shootings, brutality and overreach that have come to dominate the news lately, whether it’s due to militarized police, the growing presence of military veterans in law enforcement, the fact that we are a society predisposed to warfare, indoctrinated through video games, reality TV shows, violent action movies and a series of endless wars that have, for younger generations, become life as they know it—or all of the above.

Whatever the reason, not a week goes by without more reports of hair-raising incidents by militarized police imbued with a take-no-prisoners attitude and a battlefield approach to the communities in which they serve.

The latest comes out of New Mexico, where cops pulled David Eckert over for allegedly failing to yield to a stop sign at a Wal-Mart. Suspecting that Eckert was carrying drugs because his “posture [was] erect” and “he kept his legs together,” the officers forced Eckert to undergo an anal cavity search, three enemas, and a colonoscopy. No drugs were found.

And then there was the incident involving 13-year-old Andy Lopez, who was shot dead after two sheriff’s deputies saw him carrying a toy BB gun in public. Lopez was about 20 feet away from the deputies, his back turned to them, when the officers took cover behind their car and ordered him to drop the “weapon.” When Lopez turned around, toy gun in his hand, one of the officers—Erick Gelhaus, a 24-year veteran of the force—shot him seven times. A field training officer for new recruits and a firing range instructor, Gelhaus seems to subscribe to the philosophy that an officer should ensure their own safety at all costs."

Citizens are under attack....

lifetimeresident

Maybe send those cops to Sandusky on a swap for 6 months.

Jmschmidt812

Some other points need to be made here as well. Society has changed dramatically when it comes to violence. There are mass shootings happening, domestic terrorism, and the constant threat of foreign terrorist. These cops have every right to be overly cautious. Do they make mistakes? Absolutely! Doctors make mistakes everyday that cost people their lives. They however aren't thrown all over the papers and portrayed as bad as these cops are. Shooters are getting younger so now there is a whole new group of people to be cautious of. Good luck LE

Dont Worry Be Happy

Not to mention simple traffic stops turning deadly. People only remember when the cops do the shooting not when they are being shot at. Check out the video online of the Solon police officers being shoot at and in the Norwalk Reflector another story of cops being shot at. Its happening all over and its sad.

Mr. D

@ jmschmidt. . . Mass killings and mass shootings are nothing new in modern history nor in the history of the United States nor the history of man. Same with domestic and foreign terrorism. What has changed in society has been led to believe how much humans have advanced regarding hostilities. Society has been led to believe that we have been protected by a magic security blanket and now suddenly it is being yanked away. We have always been a violent species and continue to be a violent species. A badge and a gun does not mean judge, jury and executioner.

grandmasgirl

I have read these comments. I see both sides. I guess my question would be, if the man was sleeping on the couch in the parents home, why didn't the parents just walk up and take the gun from the man? I do think sometimes the cops overplay their role, but personally I wouldn't want a world where there were no cops.

A Young Adult's...

It's always extremely easy to sit back behind a computer screen and say the officer acted ridiculously and is out of line. Why in the world is this idiot sleeping with a rifle? Honestly, in this case I can't say I blame the officer for shooting him. If you put yourself in those shoes, the rifle moving could mean you are a target. This always gets back to the barbaric tool, the gun. Guns create many more problems than they solve. Calm down NRA nuts, just an opinion.

thinkagain's picture
thinkagain

Murder in the first-degree.

Tiredofthe BS

live by sword die by the sword...keeping being ignorant and that is what happens you put yourself in a bad situation. I am not saying there aren't bad cops or one's that make mistakes BUT i am so tired of "he was such an innocent good boy don't know why they thought he would shoot them?" HISTORY PREDICTS FUTURE...DON'T WANT TO BE TREATED LIKE A CRIMINAL WHO SHOOTS AT PEOPLE DON'T DO IT.

mikesee

Moderators have removed this comment because it contained Personal attacks (including: name calling, presumption of guilt or guilt by association, insensitivity, or picking fights).

Leopold

Hope they don't get a dime from the county. The parents had already had him removed from the house earlier and they let him back in.

Dont Worry Be Happy

Agree

The Rudy

His family apparently were enabling him to some degree. Where did the gun he had on his lap come from? Was it theirs and unsecured? He wasn't legally able to possess one was he?
Didn't he once fire a gun into an inhabited structure? If I, as a cop knew all this-and they did- I'd be very wary of him being intoxicated and holding a gun too. Enough to react quickly and strongly to his movements.
I'm not so sure the flash-bang was the best idea, but I wasn't there so it's easy for me to 2nd guess.
Where did he get the alcohol?
As sad as it is to say this,his parents/family don't deserve any money because of this as they were culpable to some degree by enabling his behavior throughout his life, which ultimately led to this. This kid was no Boy Scout. It's no one else's fault but his and theirs. I truly don't believe there was any corruption or gross malfeasance here. The family made the bed and don't like sleeping in it.

tonto

AEversole, you know Terra has a Police Academy. Anyone can attend if your over 21 and don't have a felony record. Just letting you know that Law Enforcement pays well, good health insurance, and you can retire after 25 years.

Dont Worry Be Happy

No they don't get paid well, they don't have good health insurance but you can retire at 25 years.