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

SimpleEnough

Fremont43420, All the choices where byan's and your family's, WTF was he doing having access to a weapon, wasn't he still under disability for a felony with a fire arm (you can't deny he fired a shotgun into another person house over a drug/money issue), along with excessive alcohol and drug use...I don't care how nice a guy everyone says, the minute he picked up that shotgun he committed another felony, matter of fact if they were your familes weapons, I think you are culpable for not having them secured safely while allowing him to live in that home, if they were his, and you allowed he and they (the weapons)  under your roof I think you are still culpable and possibly an accessory. Have a nice day....Oh by the way when does tracey get out of prison?

fremont43420
people are so ignorant they can't read and comprehend facts right in front of their faces! and i'm not a member of his family. you know what they say don't assume because it makes an ass out of you and me! i think they could of handled that A LOT better then what they did! when they shot him he dropped the gun. he was unarmed at that point. there was NO need to shoot until he was dead! Oh and by the way there you go spreading your ignorance again.    =) have a great day!
ConfusedBySandusky

 If the first shot was to the head, he would have been dead.  Also you are aware that people can still fire a weapon after they have been shot right?

My opinions are based on reading everything... All 500+ pages...  How much of it have your read fremont?

SimpleEnough

fremont43420, All the detective has written in his report is his opinion based upon what he has gathered up to that point. Could it have ended differently, all kinds of scenario's come to mind. The point is, Bryan is responsible for his actions, his abuse of alcohol and use of illegal drugs, his possesion of a firearm (which is a felony 3), his past use of a firearm in a felony, his upcoming court cases etc. I think the whole family is on a witch hunt looking for someone to pin the blame on instead of looking at bryan and themselves, did bryan deserve to die? No he didn't but his choices lead him down the path for a long time didn't it. Tell me if responding to a call where you know the person has fired a shotgun into another person house, how would you handle it?

fremont43420

you have very good points! and like i said i would have shot too. i just feel that there was to much force used. and why didn't they try other tactics? idk. in my opinion they didn't have to act right away they time to think about things before they just got gun happy. he was sleeping/pasted out they were watching him...it's not like he was awake alert and going crazy.

ConfusedBySandusky

 @SmipleEnough, Thank you, my  point exactly.  It is easy to pick apart someones actions, but this was a tragic event and there is no overt act by the police that shows they acted inappropriately.  These officers put their lives on the line daily, we have no right to degrade them for this situation.

Centauri

Consolo advised Overmyer and Hirt to isolate all of the TRT members and to collect the weapons and magazines as evidence. He advised that the four members be kept separated at the station to keep their statements from being contaminated.

What does the word "isolate" mean to the average person?

Consolo and Meyer go back to the station only to find the four TRT members conversing with each other. 

Isolate?

The four conversing in order to get their story straight?

Murray needs to pay attention to the fine details.

Murray will tear these four apart.

ConfusedBySandusky

 Ok, so for some reason this case peaked my interest and I read all of the transcripts and the reports and this is kind of what I got out of it.

First of all the only person that is really causing a stir is this Consolo, and it has been made clear that he had a healthy distain for Deputy Jose Cavillio.  So with that in mind I think that his answers are somewhat biased.  In his report he stated that he advised the BCI&I investigator that he thought he was slumped over because of the position of the wounds, without taking into account the possibility that one of the officers may have dropped to their knee which he was told by the BCI&I investigator was a possible explanation.  Another thing, he says that Karn and Jose were standing in the same location but one could see Jones face and the other couldn't as a inconsistency, but Karn says he threw it and then swung around a corner, so it doesn't seem all that much like an inconsistency to me.  Just a couple of reasons why I feel that Consolo wasn't the best choice for the internal investigation.

Now the corners report that says that his arms were raised can be explained if he was raising the firearm and one of the deputies dropped to his knee.  That may not be what happened but it is a possible explanation, given the angles and what not.  The coroners report also indicates the use of alcohol and cocaine, so there is really no way to know how he would react.  Also no one who was with Jones the day of the incident would talk to the police so there is no way to know what his state of mind was.

Also the report says that Mario was the one to fire the first shot, also his shots were more accurate to the task, back of the head, middle of the body and so forth.  With that being said the report seems to focus on Jose, but if Mario's first shot was to the head, that would have been the fatal injury so focusing on Jose doesn't seem to make sense.  It makes sense because he is the person that can be more easily painted as a bad guy by the press and Mr. Murray given his off duty problems (For the record I do not think he should be a deputy but in this case I think he is being crucified for monetary gain).  

This is another example of the Register being a mouth piece for the trial lawyers of America.  If I as a normal citizen can see that there are holes and problems with this case the Register should be able to as well.  But this case makes great material to sell papers.  Rather than point out the holes, shouldn't journalists do that(?) they go along with whatever will sell the most papers.

My prediction on the case.  They are suing for $20 million which is an absolute joke, there is no way that that amount of money is justified in this case.  The county will, in an effort to save the taxpayers the cost of a trial, settle this case for somewhere in the neighborhood of $2 to $3 million and walk away from the whole thing.  And after Mr. Murray takes his third plus fees the family will be left with something that more resembles an appropriate pay out.  Everyone is so quick to blame someone else, what happened to the era of personal responsibility?

 

fremont43420

it ALSO states he dropped the gun. no offense but what else did you miss? i'm not saying the first couple of shots were wrong i would have done the same (IF he EVEN did raise the gun). but the only people that really know might not be telling the truth and are dead....BUT what happend was over kill.

ConfusedBySandusky

 It may have been over kill but how would you react in that situation.  Also I see where it says that he dropped the gun, but do you know how easy it is to squeeze off 5 to 9 rounds from a semi-auto handgun.  I shoot quite a bit and I have to say that I could get that many shots off in three seconds or so.  Let us also take into account that the two individuals that were entering the room were related, let me say that I think that is a terrible idea and was what lead to the "overkill" as you say.  Here is the thing though how quickly did he drop the gun?  You don't know.  The statements do not say I fired once, he dropped the gun and then I kept firing.  So you are just introducing your bias into this.  There is nothing here that shows that they did anything wrong.

Don't you find it curious that the BCI&I report isn't on this site, a report that presents an alternate opinion of the incident?

Your going to have to get up earlier to try and beat me at this one.

fremont43420

i don't need to "beat" you i don't play games. and like i said we wern't there you're right we don't know how fast he dropped the gun. and it's not a biased opinion. i am in a field of law enfourcement. i am just stating that they took it to far. 

ConfusedBySandusky

Let me see how to put this, neither of us were there.  Neither of us were able to actually investigate and speak with anyone about this.  Neither of us can say for certainty what happened.  With that being said you still seem to think that you can confidently say that there was overkill on the part of these officers.  

As someone in the law enforcement field how can you sit there and say that the gun didn't drop until the last bullet was fired, you cannot if you are being honest with yourself.  As a law enforcement professional shouldn't you be the one saying what I am?  That there is no way to prove that these officers did anything wrong, and that they shouldn't be crucified for carrying out an order that was given to them.  It is easy for both of us to sit here and claim this that or the other thing, but the truth of the matter is that we can't, so why should we?

Do you think that because you are in the area of law enforcement, which doesn't mean a whole hill of beans, you should be the one telling people not to blame the officers.  Instead you are causing further conflict by claiming that this was overkill when you don't have the facts...  I hope that you are not in charge of investigating crimes because your objectivity seems horribly flawed.

By the way, you come across as like you are playing games.  The comment about thanks for spreading ignorance or something to that affect with the little face just destroys your claim that you don't play games.  Food for thought.

fremont43420

thanks  =)  i'll take that into consideration

Centauri

A flash-bang grenade is not meant to use on a sleeping person. What kind of reaction from a sleeping person did these four storm troopers think they would get? Flash-bang grenades were designed to temporarily blind and stun an alert person, giving police a few seconds to react.

There have been cases where police officers were fooled into thinking that the noise from a flash-bang grenade was a gun shot and police were the first to fire.

http://governmentabuse.info/reports/view/1910

In July 2003, police in Phoenix, Arizona conduct a pre-dawn drug raid on a Hell's Angels club. Police knock, then wait just six seconds before deploying a flashbang grenade and forcing their way into the clubhouse. Michael Wayne Coffelt, asleep at the time, awakes to the grenade and quickly arms himself with a pistol. When Coffelt, who thought the clubhouse was being robbed, approaches the door, Officer Laura Beeler shoots and wounds him.

Beeler would later claim that Coffelt fired at her, though a ballistics test confirmed that Coffelt never discharged his gun. Police find no drugs in the clubhouse. Prosecutors later bring charges against Coffelt for assaulting a police officer. In dismissing the charges, Maricopa Superior Court Judge Michael Wilkinson describes the raid as an "attack" in violation of the Fourth Amendment, and that Coffelt's actions were "reasonable behavior, given the hour and the fact that the house was under attack."
Wilkinson also determines that Beeler's mistaken belief that Coffelt had fired at her was also understandable, given the volatility of such a raid, and that she -- an officer trained in paramilitary procedures -- may have misinterpreted the flashbang grenade for a gunshot.
 

 
Centauri

When police act as storm troopers, they are too quick to act and too slow to think. Many innocent people have been harmed by police storm troopers. I am not in any way against the police having special weapons teams. The problem that I have is that the police are too quick to deploy a special weapons team where it wasn't a necessity.

http://governmentabuse.info/reports/?c=12#

Read all about these police storm troopers and how they violate innocent people. There are 19 pages of stories in the above link.

fremont43420

i completly agree!

Fremont Taxpayer

I was in the middle with this case and figured it was about money until I read the reports posted online.  Let me say as a citizen and taxpayer of Sandusky County I am applaud with Sheriff Overmyer’s court deposition.  It’s obvious he was not being truthful with some of the questions and that he was being evasive with many of the others.  And according to the newspaper he also got caught trying to hide a report. What does that say?  Aren’t they under oath and swear to tell the truth while giving these statements?  I for one will not be voting for him in the future.  I agree with Centauri, something is not right here and I think there’s more to the story.

Centauri

@ Fremont Taxpayer and fremont43420

Quick comment for now. Is the Fremont News-Messenger newspaper keeping this lawsuit quiet? I see no recent news on the online site.

Did the Fremont News-Messenger ever provide any links to documents like the Sandusky Register did?

Outside lookin in

This sounds a lot like Erie County and The Mathas Murder cover-up by the Prosecutor's office and the BCI.  None of the officers involved will go to jail no matter what the outcome and the taxpayers will have to pay the multi-million dollar settlement to the family.  See....We taxpayers always lose!

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