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. 

Click here for an index to related articles. 

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.
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!