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

Julie R.

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

I thought it was said that the gun wasn't even LOADED?

 

 

ConfusedBySandusky

 Julie...  There is no way to know wether or not a shotgun is loaded just by looking at it...  I never saw where they reported that he had GSR on his hands, any idea where that was reported?

This is the story that maybe someone was thinking of.

"Wukie said any evidence of gun residue on Jones’ hands — which would indicate he also fired a shot — would be noted in the final autopsy report. That final report is pending lab results."

That is a quote from a story called Coroner: Autopsy shows Jones lifted gun at deputies.  It was written by Sarah Weber and was published 9/27/2010.  I can't post the link for some reason.

Julie R.

I never saw where it was reported there was gun residue on his hands, either. I was quoting the comment made by Marcus M.

http://www.sanduskyregister.com/fremont/2010/jul/27/coroner-autopsy-shows-jones-lifted-gun-deputies-full-story

ConfusedBySandusky

 Julie, that was my fault on that one.  I missed the italics, I apologize.  

Darwin's choice

Confused....you talk as if you were there.....your statements are exactly what the police want you to know! Dead men tell no tales. Simple....there were NO shots fired by Jones!!!!!! Your opinion is based on something that you know from a previous encounter? Regardless of what he had done..... In this standoff the police were WRONG to enter the home. His father certainly didn't want his son shot, he probably could have done that himself. My point is the police are not GOD, they have to answer to the people who employ them...US !!!!  The legal process was bypassed by their actions. Read my original remark about the YEARS long process for a man CONVICTED of murdering a police officer, to be put to death.  It seems by the comments posted, that this is OK? To take someones life for being a dumbass???  Many people better watch out..............    

ConfusedBySandusky

Darwin, I was not there nor were you, all we have to go on is the reports that have been made about the case.  I have read all of the reports and out of a sense of wonder read all of the depositions that the Register posted on the internet, all 600+ pages.  And the conclusion that I have come to after all of this is that what the police say happened happened, there appears to be nothing more than the dismay of one man as to how this was handled, dective Consolo.

Also I have never had any interaction what so ever with Mr. Jones or any member of his family, the facts are simply the facts.  His family will stipulate to the drinking, the gun, and the threats I just view them as bad choices made that had devestating results.

And agian this is another point that I have been making, does the policy need to be changed?  Maybe, but that responsibility rests on the sheriff not the deputies that follow the order to go into the house.  Again, I do not understand why the deputies are being lambasted for going into a house on a direct order and doing what they were trained to do, perserve life.  In this case it was their lives and unfortunately not the life of Mr. Jones which is truly sad and unfortunate.  The issue is that the gun swung and there is no way to know if it is loaded, split second decision - what do you do save your life and the lives of your team or take a risk that its not loaded. 

This is a moot point because what I am trying to say Darwin is that if anyone should be held responsible as a result of this incident it should be the sheriff, hes the guy that gets elected to deal with this stuff.  If deputies follow the rules and protect themselves why is it that this has become about them?

ConfusedBySandusky

For some reason it double posts a lot.

Sam

For all you experts when a drunk, drug intoxicated person raises a gun towards you have two choices. Shot for a fatal hit or wait and see if its loaded, at which time you survivors will attend your funeral. Better to be judged by 12 than carried by 6. 

ConfusedBySandusky

I couldn't agree more Sam.

gilamonster
Jones may have been a dirtbag, and his actions are not defendable; but parts of this story are troubling.   If Jones was passed out or asleep (as they all seem to agree) looks like the person responsible for putting everyone in harms way would be Overmyer. SWAT/LEO are supposed to try and end situations peacefully, don’t think they tried.   Not sure how dynamic entry (TFE) is taught in the cop world, but in the military its: surprise, swift speed, violence, and termination of threat. If their goal was to surprise a sleeping drunk, and terminate the threat; by golly they should get a medal. That’s about the only outcome one could predict using that method. It doesn’t take a “tactician” to figure out what’s going to occur when you storm into a house and startle a drunkard holding a weapon.  

Before you say I am anti-police, I am not. I question if they tried to resolve this peacefully, and why they felt so compelled for dynamic entry. If Jones was asleep looks more like LEO wanted to play with their toys; than to extract him less than lethal

ConfusedBySandusky

Gila, you make a very good point about entering the home and I have only found one real piece of information as to why they went in.  According to sheriff Overmyer's deposition they felt they needed to enter the home becuase Mr. Jones had stopped moving.  According to the sheriff there was a worry that an overdose may have occured and they were entering to perserve Mr. Jones life.  Thats the explantion, I am not sure why they felt they needed to throw the flash bang and not just sneak up from behind and something tells me policies have changed. 

With that being said this reminds me of the situation in either Bellvue or Norwalk a while back when two officers shot and killed a man who was on his porch after he pointed a gun at them.  Like in this situation I think that you can criticize the policy and procedure that was followed but not the actions of the officers.  There was nothing criminal about following a direct order and having to take a mans life to protect your own.  And again if anyone should answer for the incident it should be the man that gave the order not the men that followed it.

sash

Wow! Wouldn't know who the Register and Topey are rooting for in this lawsuit would you?! I wonder if they get a cut. Topey and the Register editors certainly aren't worried about balanced reporting when they print these one sided slanted statements. Apparently Murray, Topey and the Register have decided to target the Calvillo brothers. Consolo..."concluded that deputies acted prematurely when they entered the home..."  Scott said that Jones was only a threat to himself until "the tactical team chose to storm the house." The tactical team and the deputies did not "choose" to make a tactical entry. They were ordered to enter by their boss. Was that a poor decision by the Sheriff? Maybe. The Register didn't bother to report in this story that the Sheriff was under the impression that Jones was suicidal. An earlier story implied that a dispatcher or bystander told the Sheriff that Jones was suicidal. That information makes a big difference in what decisions are made. Was Jones asleep or unconscious from an overdose? No police department is going to wait around for hours and give a suicidal person time to kill themselves. They'd be facing an entirely different lawsuit. The rest of the accusations of a whitewash by the BCI is garbage. They weren't investigating departmental policy,  procedure or the Sheriff's decision making. They're job was to determine if the shooting was justified or not. How or why the deputies were ordered into the house had no bearing on whether the deputies faced an imminent threat. The autopsy report alone, without the deputies statements, would have confirmed the threat. A pointed gun is an imminent threat. It doesn't matter if it was loaded or not, because the police (or anyone else) aren't expected to be psychic. There was no crime commited by the deputies. Should they have entered the house then? Probably not, but it wasn't their decision that put them there.

It's unfortunate that this situation ended in a death. Maybe better decision making or procedures would have made a difference. Maybe not. I doubt, however, that editorial witch hunts and ambulance chasing attorney's will clarify or help anyone.

iamrevolutionary

 Look, IMO, if someone were suicidal or asleep (drunk, passed out)... A 'Flash-Bang" entrance is absurd and absolutely WRONG!  WTH did they expect to happen when scaring the he77 out of someone, especially knowing they were passed out on the couch with a weapon in their hands?!   Don't know anyone involved, nor do I have a horse in the race.. But, common sense tells me, even an "ignorant bystander,"  that this is NOT the way to go and would turn out badly! 

 Like I said, JMO and my observations....

ConfusedBySandusky

 Was the entrance tactic wrong?  Maybe, but this is my major objection and you can tell me what you think.  I think that when it comes to this case the lawsuit is absurd, I know you won't agree with me about that, but I also think that if you allow the lawsuit there is not one reason why the police should be named in the suit.  Don't you think that it is wrong to punish someone for following orders and doing their jobs when it was proven that they acted legally, illegally is another story entirely.   The responsibility should rest on the shoulders of the sheriff who made the call, and I have respect for someone that has to make that call, but I think that he is the only one that should own that decision.  Why are you going after the cops who thought they were going to die so they used justifiable deadly force.

BW1's picture
BW1

"   The responsibility should rest on the shoulders of the sheriff who made the call, "

Confused, where do you see anyone here claiming otherwise?  The only person who's come even remotely close to blaming the two deputies is Julie R., and the only reason she's participating is that she's looking for a way to make this about her mother's estate being stolen.

Julie R.

BW1: If you're going to single me out, I think you better get your facts straight.

"Stealing an estate" is when scum bags steal from the dead. Sort of like all the money that the Ohio Clients Fund has paid out over the last five years alone because attorneys stole from the probate estates of their deceased clients.  

That's criminal, of course, but I believe it's totally different then attorneys and dirt bags from an insurance company and a Huron bank engaging in a pattern of corrupt activity to criminally defaud an elderly, incompetent person prior to her death, including criminally defrauding members of her family, forgery, theft, fraudulent transfers of property causing serious defects in the title ---- not to mention all the Medicaid fraud that the d-bags assisted in. 

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