Detective's report takes aim at deputies, investigators in Bryan Jones 2010 shooting death

Documents recently filed in federal court show a Sandusky County Sheriff's detective had raised concerns about how deputies handled the July 11, 2010 standoff with Bryan Jones. Jones, 26, was ultimately shot and killed by deputies who stormed his family's Tiffin Road home that night.
Melissa Topey
Aug 20, 2011

Documents recently filed in federal court show a Sandusky County Sheriff's detective had raised concerns about how deputies handled the July 11, 2010 standoff with Bryan Jones.

Jones, 26, was shot and killed by deputies who stormed his family's Tiffin Road home that night.

Of the four-man tactical team that entered the home, two deputies — brothers Jose Cavillo and Mario Cavillo — fired the shots that killed Jones. 

Jones'  family has since filed a $20 million wrongful death lawsuit against Sandusky County. They're represented by Dennis Murray Sr., of Murray and Murray in Sandusky. 

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The documents that have come to light were filed as part of the lawsuit.

Among the materials: An internal investigation by Detective James Consolo, who raised questions about Sandusky County Sheriff Kyle Overmyer's decision to let the tactical team enter the home. 

Jones had reportedly been on a two-day drinking binge when he threatened to kill a family member, which drew deputies to the scene.

Deputies who first arrived peered in the window and saw Jones sleeping in an easy chair with a shotgun in his lap. Ultimatley, Overmyer decided to let the tactical team enter the home. 

Consolo's report also questioned the Ohio Bureau of Criminal Identification and Investigation's accuracy in their investigation, and said at least one BCI investigator had made up his mind about the conclusion of the investigation very early on. 

Pick up a copy of Sunday's Register to read the full story, as well as a timeline of the night of the shooting. 

Additionally, Consolo's report and other court documents related to Jones' death can be read below as PDFs. 

Comments

44846GWP

Murray and Murray don't take a case unless they are sure they can win. They are not light weights.

Darwin's choice

Always thought that letting those two rambo's break into that home was poor judgement! That boy would have slept for two days after his binge,  no hostages, watching him through the window, why not sneak in and disarm him? Murray will have a field day with those two brothers!

SimpleEnough

Before you all pass judgement on the department, here is the guys common pleas court record, you can also look him up on the sandusky county sheriff's website, IMO he was a spiraling out of control. now if all these family members were there during all that led up to the 2nd 911 call why didn't they take care of it themselves? Also let's not forget, he would be prohibited to own or posses a firearm as he was convicted of a felony that involved the use of a firearm. Remeber there is also a difference between detectives and the road patrols, detectives tend to mull things over, fit puzzles togather and in this case review after the facts and come to a conclusion.

 

http://www.sandusky-county.org/Clerk/record_search/search_display2.php

 

Taxed Enough Already

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

reader

I am supportive and appreciative of law enforcement in general, but this death raised questions in my mind from the day it happened. 

What was the rush to enter the home ?  

How else would a sleeping man with a gun on his lap react if you flash bang the room and enter ?

Was the sheriff on the scene ?  Who was the commander on the scene ?

No matter what this man's previous criminal record was with the local courts, he did not deserve to be set up for execution by over eager swat team leaders.

SimpleEnough

Readers says: His previous record does come into play just as if say he saved a puppy crossing the street. He had shown violence at a previous times, just look up his county common ples court transcripts. Along with that look up his county sheriff's dept. arrrest record as it reflects the view that he partaked and (IMO) abused in  alcohol and drugs which makes his behavior unpredictible.

starryeyes83

Jones was a menace,   this was  "suicide by cop"  plain and simple. 

Centauri

No matter what this man's previous criminal record was with the local courts, he did not deserve to be set up for execution by over eager swat team leaders.

Good comments by reader

08172003

I love how the family called the sheriff's department because he was threatening family..they found him asleep with a shotgun..what the heck did the family think was going to happen. He was a threat to himself and everyone at that home. Now the family is pissed off and wants money...THEY SHOULDN'T HAVE CALLED THE DEPARTMENT. His family needs to take responsibility for there actions as well..I fully support the Sandusky County sheriff's office, Overmyer and the Covilo brothers.

Centauri

I disagree with the comments by 08172003. Police are called many times about potential suicides, drunken people and even children who act out of control.

The parents called 911 for help for their son believing that the deputies would help their son. Police are trained to help people who are suicidal or out of their mind due to alcohol abuse or drugs. I have read many accounts of police defusing situations like this without using deadly force. There were other alternatives available.

I did read the lawsuit and did find some troubling facts or supposed facts of the actions of law enforcement officials at the scene.

Murray has a good case.

 

 

 

 

 

 

Centauri

Part of the lawsuit

21. On the evening of July 11, 2010, the Deputy Defendants requested
that Plaintiff Tracy Jones return to the home and join them outside the residence where
Bryan was living, to provide assistance to the Deputy Defendants. However, the Deputy
Defendants were only interested in the floor plan of the home. The Deputy Defendants
then refused the entreaties and pleas of Plaintiff Tracy Jones for help for his son, After
Plaintiff Tracy Jones provided the requested information, he was ordered, against his
expressed wishes, to move to the furthest point away from the home. Plaintiff Tracy
Jones was placed under the watch of an Ohio Highway Patrol officer to prevent him from
preventing the storming of his home and the shooting death of his son.

 

22. Before being ordered to move, Plaintiff Tracy Jones: 1) advised the
Deputy Defendants that violence was completely unwarranted and; 2) he wanted no
violence; 3) that Plaintiff Tracy Jones could easily make sure that the his son was safely
removed; 4) that he believed there were no shells in the empty shotgun that his son had;
5) that there was no urgency to the removal of Bryan; 6) that most likely his son passed
out; 7) that Bryan was in his own home; 8) that there was no one else in the home with Bryan and; 9) that no one could be harmed by anything that his son could do. Plaintiff
Tracy Jones pleaded with the Defendant Deputies to do his son no harm. The Deputy
Defendants ignored his pleas.

 

Sam

I love to read the Monday morning quarterbacks months after the fact criticizing those who had seconds to make a decision.  For the critics have you ever had a armed intoxicated suspect on the other side of the door that you were going though?   When you read the lawsuit, remember that is the legal argument of only the family's lawyer, not proven fact.     Its sad that anyone lost their life, but  I am glad it wasn't a law enforcement officer doing his job.  Its better to be judged by 12 than carried by 6...................

Centauri

Interesting that the Sandusky County Sheriff's administrators and police union tried to hide Joes Calvillo's disciplinary report. Wouldn't this be a violation of the state's public records laws?  Why try to hide Jose's past behavior?

Julie R.

Plaintiff Tracey Jones pleaded with the Defendant Deputies to do his son no harm. The Defendant Deputies ignored his pleas.............

That's pathetic.

gilamonster
Doing their job huh? Their job is to protect and serve, and to try and end situations peacefully. It did not take a tactical wizard to predict the outcome by storming the house. I respect most LEO, but feel whoever gave the “go” to enter that house made big mistake. You really believe they only had seconds to make a decision, sounds like poor training.   I am not defending Jones or his actions, though it seems like tact-teams are always itching to justify their training (or lack of) and to open up their war chest of goodies.
hmm really

 Jones was trouble, and his family has made a tabloid out of this, zero class on how they have dealt with this.  No one deserves to die, but it is a true shame that his family is using this as a golden opportunity to win a bread plate.

Centauri

Does anyone remember Elian Gonzalez? What was the point?

Jack booted thugs perhaps?

Centauri

at least one BCI investigator had made up his mind about the conclusion of the investigation very early on.

I find the above statement very troubling for many reasons.

Centauri

I love to read the Monday morning quarterbacks months after the fact criticizing those who had seconds to make a decision.

@ Sam

They only had seconds once they entered the home and set off the flash bomb

They had minutes or hours to think out the situation

There were other non-lethal alternatives

I agree with the comments by gilamonster and the war chest of goodies

I can cite many examples where the police were wrong to use excessive or lethal force

Minuteman

Elian Gonzalez? That was orchestrated. The family was completely dressed, with street shoes on at 4am when the surprise entry was made.

Sam

So many  "experts" in law enforcement procedures, whose experience and training in law enforcement are limited to being cuffed in the back seat or asking the officer, "want fries with that?"

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Darkhorse

I especially liked the part where D. Murray Sr. sniffed out the document that was withheld from the public and discovery. It finally came out in the deposition. The government made a decision all on their own to conceal.   How does government get away from deciding to withhold  public documents?  Withholding documents and concealing documents from the public is surfacing  more and more.  Sometimes government will try withholding documents and think the public doesn't or will ever know about it, but it always comes out in the end. It is just a matter to time before discovery.

althenaruby

If they win where does the 20 million dollars come from?  I doubt the 2 police officers have that kind of money....so does it come from the taxpayers?

ConfusedBySandusky

Here is the thing that I am wondering, how can this be considered an overt act that would negate the soverign immunity that the county has?  Whether or not you agree with the use of lethal force this seems like a pretty cut and dry case when it comes to that.  The officers were following a direct order to enter the home and use deadly force if nesicary.  They entered the home and the defendant had a weapon within reach.  The officers thought that there was a justifiable threat to their lives and acted within the scope of their authority by employing deadly force. 

I just am not sure where the overt act is.  I mean is the contention that these two officers had motive to kill the individual?  Seems like another hand out type case to me, the reason being the $20 million figure...  Doesn't seem appropriate when they deceased started the situation with his behavior now does it?

verdict

who cares where the money comes from?.. the city or county can say it is not able to pay the money due to the economy.. forget about that before it clouds your judgment.. the important thing is that if the officers are at fault they need to be held accountable..

Julie R.

I don't think the 20 million would come from the two officers. That would come from the insurance that the taxpayers pay for just like the taxpayers are paying for the city of Sandusky's case against Kim Nuesse. As I mentioned once before --- one of the Murrays told somebody I know that if it wasn't for insurance companies attorneys would go out of business.

Taxed Enough Already

 lol removed my comment because it's WHAT?!?!?!?!....Can't the Murrays take it or is it the Sandusky Register can't take someone speaking the truth about the Murrays...ALL DEMOCRATS LOL  come on Register be neutral for once.

mikel

boo-hoo we loved our son so much that we let him beat us, have unlimited use of drugs, beat us, be an alcoholic, beat us.  boo-hoo, if the police didn't stop we were going to sue them but since they shot and killed our son that is even better.

fremont43420
@ mikel maybe you should get your facts straight before you put your ignorant comments out. bryan didn't beat anyone. yes he's had troubles. but no one deserves to die! this was a situation where to much force was used. it spells that out for you in the article! if anyone was doing any beating it was the officer...oh who is supposed to protect us! he should have been fired a long time ago. when they shot him he dropped the gun, and they knew when they walking into that house he wasn't coming out alive.

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