Bryan Jones’ family still seeking new trial

TOLEDO – The family of a man whom sheriff’s deputies shot to death in 2010 in Ballville Township continue to seek a new trial after losing a wrongful death lawsuit.

After a four-day trial in October, a jury determined in U.S. District Court in Toledo that Sandusky County Sheriff’s deputies did not use excessive force when they shot and killed Bryan Jones, 26, at his family’s Ballville Township home.

Jones’ family had sued Sandusky County, Sheriff Kyle Overmyer and the two deputies who fired the fatal shots, brothers Jose and Mario Calvillo, for $20 million.

After the family lost the case, their attorneys asked the court for a new trial, saying mistakes made during the trial led to the jury’s decision. The court denied the request in March.

The family is now appealing the decision against granting a new trial to the Sixth District Court of Appeals in Toledo.

Attorneys Dennis Murray Sr. and Donna Evans of Sandusky argued the judge gave jurors inaccurate instructions and wrongfully would not allow attorneys for the Jones family to use certain pieces of evidence in their case.

The jurors did not know the shotgun Jones held when sheriff’s deputies stormed the home and shot him was not loaded. Instructions given to the jury also were incorrect, the attorneys argued.

“Considered individually or cumulatively, the alleged errors are not grounds for a new trial,” wrote U.S. District Court Judge Jack Zouhary.

On July 11, 2010, deputies on the sheriff's office's tactical response team stormed into a Ballville Township home where Jones was inside with a shotgun, apparently sleeping or passed out. Deputies said Jones pointed the shotgun — which they later learned was not loaded — at them, and they shot and killed him.

Jones' father had called authorities that day and told them Jones had been drinking for two days and had threatened to kill his mother. Jones also told his father to call police and said that Jones would “fight,” court records show.

mksmith@gannett.com

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Twitter: @kristinasmithNM