Attorney: State agents 'whitewashed' deputies killing man

A local attorney believes state investigators deliberately ignored important details while determing if charges should be filed against two Sandusky County deputies who shot and killed a man in his home last year.
Melissa Topey
Sep 26, 2011

A local attorney believes state investigators deliberately ignored important details while determing if charges should be filed against two Sandusky County deputies who shot and killed a man in his home last year.

“Having whitewashed the investigation (the Bureau of Criminal Identification agents) created a false sense that what they did was proper,” said Dennis Murray Sr., who is representing the family of 26-year-old Bryan Jones in a wrongful death lawsuit against the Sandusky County Sheriff’s Office, the county and the deputies.

Murray is not alone in his criticism of BCI. Other experts who reviewed the file raise other issues with the killing of Bryan Jones, and the mop up afterwards.

Click here for an index to related articles. 

Be sure to get this Sunday’s Register for:

• Critical analysis of BCI's investigation by experts on police shootings.

• Comments from the Jones family on how the shooting has affected them, and their fight for answers.

• A response from the Ohio Attorney General, who has pledged to review the BCI investigation.

Comments

Taxed Enough Already

Of course Murray is touting that.  He wouldn't have a case if he said, the parents feared for their lives, called the police, who came in and did their job.  If he was no danger to anyone why did his parents call the police to begin with.  I believe they have no case.

William Jeffers...

Doesn't the AG have some real work to do down there with the rest of my employees? 

mikel

money suckers

SimpleEnough

What experts? Hey register if you are going to the family comments how about his previous record? Maybe...just maybe sandusky county will be better off in the long run without Bryan. 

SimpleEnough

Do us a favor and post his jail house photo!

starryeyes83

People forget this guy shot into a house with a 5 year old in  it.  He wasn't concerned about hitting the kid.    Maybe  his mom and dad should have handled  themselves that night.  BUT they did not- why -because  he was a menace and THEY called the  LAW!!     That's why.    I still say it was all for the $$ they could leech out.  That family are experts at mooching.

Darwin's choice

This past week, thousands of do-gooders protested the execution of the fellow in Georgia, who was CONVICTED in a court of law of murdering a police officer. After years of appeals, delays and other bs., he was put death. Mr. Jones NEVER had the right to a trial for his actions, perceived or real. He was simply executed by an overzealous rambo wanna-be, who himself was not allowed to carry a weapon while on duty of his job! This is a slam dunk for Mr. Murray, the police were wrong. No hostage, by himself, sleeping in a chair in his home, startled awake by a grenade, confused, and then shot. Sounds like extreme injustice to me. If this is what you readers think is justice, our country is in a terrible state.....................who will be next? And, what about the punk that beat PJ at the Crystal Palace a couple of weeks ago, should he be executed as well? He put a man in a coma, with possible brain damage, what sentence should he receive?  Mr. Jones may have been an azz, but his actions did not warrant death........

Julie R.

Wasn't it reported when the first shots were heard the young man was heard asking "Why?" I can't even imagine what that kid's last thoughts were. Makes me sick to think about it.  

I Judge you

Is it true one of the cops said "watch this" before murdering him?

I Judge you

Is it true one of the cops said "watch this" before murdering him?

ConfusedBySandusky

This story really makes me angry for a couple of reasons but first there is some need for corrections to the commenter’s.

First, Darwins Choice...  The man who fired the first shot was Mario not Jose.  Jose was transferred to the jail not Mario.  And if you took the time to read the reports everyone confirmed that it was Mario who pulled the trigger first.  If you went into a house as a law enforcement officer under a direct order and someone pointed a gun at you, the officers claim (Keep in mind there is no evidence to dispute this), what would you do?  I know that I would squeeze off as many rounds as I could at the perp. I am sorry but if we send men into harms way we need to give them the opportunity to walk out of harms way, sometimes they may have to take a life.

Now onto my points about this story and the great job that the Register is doing about being the Murry's mouth piece and contaminating whatever jury pool their is around here.  Of course the Murray's are going to be able to find "experts" that will say that these guys acted dangerously, for enough money you can find an expert to say anything!  Case in point I sued an insurance company after they denied my claim after a traffic accident.  The attorney told me that we will hire our expert to recreate the crash and they will hire theirs and the jury will decide which they like better.  It's a joke, and it is no different here.  The only thing is the Murray's have a lot more money to throw at their experts. 

Also why not speak to the officers involved about how they are dealing with taking a man's life, why is it just the family that gets a platform.  I have a relative in law enforcement and taking someone’s life is not something that anyone just walks away from they carry it with them. 

Bottom line is this, a mans life was ended early as a result of his actions.  No one forced him to get drunk, no one forced him to posses a shotgun, no one forced him to threaten to kill his parents and anyone who tried to come in after him.  His parents felt that this was serious enough that they needed to involve law enforcement who in an unfortunate set of circumstances had to end this young mans life.  The problem is that personal responsibility is no longer part of this country, because you know what if he didn't do all those things above he will still be here wouldn't he?

 

SimpleEnough

Confusedbysandusky, Thank you, been saying it all along, The perp had a history of issues with being a positive contributor of his community...(other than being a sperm donor, which everyone else pays for.) Convicted violent felon, in possesion of a firearm while under disability (can you say felony 3?!), under the influance of alcohol and drugs....yeah a real recipe for disaster and it's all his fault, LEO"s didn't get involved but for what 2 hours, while he had a lifetime up until then to make sound choices and didn't! Hey is Tracy out of prison yet?

ConfusedBySandusky

Doubled up for some reason.

Sam

ConfusedBySandusky, GREAT COMMENT, could not agree more, 

Julie R.

It says in the SR that prior to shooting Jose Calvilo had been assigned to jail duty as part of a "last chance" agreement if he wanted to keep his job ....... and he was ordered to surrender his service weapon as part of the reassignment. So if he was ordered to surrender his service weapon why was he there with a gun to begin with? Murray is going to have a field day with that.     

SimpleEnough

Julie R., Read the last chance agreement, he was back on duty. The surrender of service weapon and badge was when he was placed on administrative leave while the investigation was being conducted. I don't think Murray is going to have a much of a field day as one thinks. I'm thinking the insurance company will offer a million and the white trash family will fall all over themselves grabbing for the check. 

jellicokid

mr jones legacy is one of bad choices through out his whole life...... a drain on society with a drug user mentality ....... listen to the 911 call placed by the father , that will put a better perspective on the story !

jellicokid

murray's tryin to make a buck ...... BS !!!

Sam

The Registerag rehashing an article to further their agenda and be the PR for the House Of Greed........

ConfusedBySandusky

 Julie...  The problem with your premise is that Jose was the one who fired the first shot.  Because the reports confirm the fact that Mario fired the first shot I am not really sure how this is all coming to rest on Jose.  Oh wait, yes I do...  It is because the Murray's would have a hard time being critical of a good officer so they go after the one they can make people dislike.  

On another note, and this is something that I have been wondering about for awhile now, doesn't the county have sovereign immunity when it comes to these matters.  It has been shown that the officers acted within the bounds of their duty as law enforcement officers, and in addition to that they followed the regulations that were adopted by the county in this matter.  It does not appear to me that there was an overt criminal act that would nullify the protection.  Anyone know why it doesn't apply in this situation?

ConfusedBySandusky

Doubled

 

Julie R.

Numerous complaints about Jose Cavilo made by his wife and girlfriend? So what did the complaints pertain to? Threats of violence? If so, he shouldn't have been allowed to have a weapon at all much less be the leader of the group that went into the home.

That said --- it's way past time somebody investigates the crap going on with the Bureau of Criminal Investigations. 

Sam

The simplest of minds believe the Registerag.....

Darwin's choice

ConfusedbySandusky........you're making my point.....it doesn't matter if it was Santa Claus who went through the door, who made the decision to breach the home?  Without any negotiation, with two hours of time on the scene, who made the termination order? By their own words, he was asleep in a chair.  Why not let him sleep it off, no hostages, alone, no need for rambo to be in harms way!  Your own words.....who gave the order to go in??????  This kid may have been a trouble maker..but this should have been handled differently.  With all the training that our law enforcement is supposed to have, a confrontation with an armed person is low on the list of options. All I'm saying is no matter what the wording of the officers involved, someone used very poor judgement, and Murray will prove it so.

SimpleEnough

Darwin's choice, So I guess when a call is placed where a convicted felon known to fire a weapon at people (shooting into a house when you know someone is in it constitutes that), is committing a felony by having a weapon under disability (Can you say felony 3), hey let's wait and see what he will do! They did defuse the situation, just not the way I'm sure everyone would have wanted it to end. Once again The Perps choice. And what is with the picture is he modeling from when he was in prison last time or maybe a Calvin Klein ad?  

ConfusedBySandusky

 Darwin, how exactly am I making your point?  Here is what it comes down to.  The man had a gun, the police entered the home, the man pointed the gun at the police, the police ended his life in accordance with their procedures and polices.  The BCI, Witnesses, and A Grand Jury all found that there was no criminal act here.  The only person that has a problem with this is detective Consolo who has a documented dislike for Jose.  If you look at the deposition that was posted on the register even the sheriff knew that he was not Jose's biggest fan.  

This is a joke.  If the family just wanted to know what happened and wanted more training for the local agencies then they wouldn't be suing for $20 million dollars.  

I think this reporting is disgusting and lacking in journalistic integrity, I read the articles and it was nothing but a mouth piece for the Murray's.  The only people that were contacted about this story agreed with the Murray's.  Seems strange that several people from different agencies and backgrounds found this to be a clean shoot but the only people that agree with the Murray's get paper time...  Strange...

Marcus M

Every report and article indicates that Jones was holding the shotgun, raised it towards the officers, and had gun residue on his hands all which was confirmed by the corner's report.

gavinbrooke

 Yes, quite possible.  A drunk, angry man who needed help was surprised by the cacophony of police needlessly breaking into the house and he reacted like any drunk, angry man who needed help would react in that situation.  The question is why the police felt they needed to go commando on this guy who at this poin twas  in an otherwise empty house.  The induced a reaction that resulted in a man's death when they could have waited him out.

gavinbrooke

 ConfusedbySandusky

While it's quite apparent that you're a dyed-in-the-wool police apoligist judging by your posts, your argument fails address the one gaping hole in this entire story. Why did they have to enter the home?  He was in there by himself. At that point the only threat he posed was to himself.  Why would the police enter a home by force, place themselves at risk, and pretty much gaurantee a violent outcome when there WAS an option that involved waiting him out, allowing him to sober up some and possibly surrender peacefully. No one is saying this guy was an upstanding individual.  Its quite obvious he has some severe personal issues.  But are we saying that the police or anyone for that matter should have to have the power to put a value on a man's right to live based on his lifestyle? He made bad choices.  Yes, he placed himself in a bad predicament along with his family.  But the reaction of the police condemned this man to death without a trial when they could have simply waited him out.  Again, under what pretense did the police feel they needed to storm this home with guns drawn when no one but the perpetrator was inside?  You can talk about police procedure, and litigational mouthpeaces all you like, but it's just spin.  Nothing but spin.  A man is dead and he didn't need to be.  You can't argue with that.  Not to anyone who looks at this story with an unbiased eye, anyway.

ConfusedBySandusky

Gavin...  People like you truly make me sad...  My point is this, you can second guess the decision all that you would like but you weren't there.  You are as bad as you claim I am because all you are doing is blindly accepting reports from the Register that doesn't even present both sides.  Did you read the articles on Sunday?  There was no dissent from the Murray's theory of the incident.  That's not spin, that is quantifiable, read it and you will see that the only people that were asked were people that felt the police acted poorly.  Why hasn't in the interest of full disclosure the Register pointed out that Consolo, the person that this is based on had a problem with one of the deputies that enter the house?  If you think that is spin please read sheriff Overmyer's deposition where he said that he knew Jose and Consolo had issues.

Now I agree with you that a man is dead and he didn't need to be, but it appears that it was his actions that put him in that position does it not?  Did the police force him to drink for days?  Did the police force him to pickup a shotgun and threaten his family?  The answer is no, but you knew that already didn't you.  

If you want to question tactics I don't have a problem with that.  I think that any time that there is an incident such as this it is a time to reevaluate the procedures put into place.  Did the department do things wrong?  Of course they did, but so did the individual.  Should the procedures be changed as a result of this incident? Maybe, that is for people that are smarter than us to decide, people that have training and knowledge.  Also the procedures and the actions of the officers are different and here is why.  The officers acted within accordance to the procedures that they were bound to follow.  They were acting under the direct order of the sheriff of Sandusky County.  Thus if there is a problem it should fall on the back of the sheriff that gave the order and not of the officers dutifully carrying out that order.

On a final note, I am a "dyed in the wool" law enforcement supporter.  Knowing that someone wakes up everyday and is willing to give their life to protect my life and the lives of my family members stirs me to give these men and women the utmost respect and support.  In a city that has lost an officer it is strange how quickly we forget the sacrifice that these officers are willing to make every time they set out onto the streets.  It makes me sick when I read these comments.

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