Response to April Bragg post on RCSO Facebook page.

Response to prior post of letter speaking for the Sheriffs page THEY so proudly allowed on their facebook page…

http://blog.mansfieldersperspective.com/local-media-coverage-of-law-enforcement-has-not-been-fair-to-officers-shared-on-rcso-facebook-page-talk-about-agendas/

Yes, April Bragg wants to be known condoning what she only wants to hear, one side. I don’t care WHO YOU ARE! You don’t go into ones home guns a blazing and side with justice served based on a theory or something not confirmed. It was known Brian Garber was taking meds for depression and it was also said his wife done away with those meds? So what gives ANYONE the right to take another life when we know the situation was UNDER CONTROL?

His death was SENSELESS and here we have a butt kissing RCSO citizen throwing salt into Connie Garbers wounds, YOU SHOULD BE ASHAMED of yourself.

This does NOTHING but divide the Community! Sure, I can’t speak for the majority of members of Mansfielders Perspective on facebook but I am sure many would agree, uncalled for!!!!!

A WELL DESERVED AND NOTEWORTHY RESPONSE!!!!!

THANK YOU CONNIE GARBER, THE MP SUPPORTS YOU AND THE MANY OTHERS WHO HAVE SUFFERED A SENSELESS LOSS TO THE HANDS “I FEARED FOR MY LIFE” COPS BS!

WITH GOD ALL THINGS ARE POSSIBLE, SO I AM HOPEFUL IT’S POSSIBLE FOR EVEN THE IGNORANT TO LEARN FROM THIS BEFORE MORE DIE?

Thanks again for WAKING a sleeping GIANT, IF there was ever a time to get involved with your community, it’s NOW!!!!

IT’S TIME TO STOP ABUSE OF POWER ONCE AND FOR ALL!!!!

Response to April Bragg

Posted in Corrupt Justice System?, For those who can't comment on the MNJ site | Leave a comment

Local media coverage of law enforcement has not been fair to officers shared on RCSO Facebook page, talk about agendas?

April Bragg Mansfield RCSO FB Share

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This general statement can be summarized by who’s policing the police? Times sure have changed, and what we need to address is who really knows WHY the lines are being drawn? 

Comments on RCSO Facebook page – WOW!

  • Richland County Sheriff’s Office Thank you for the support although this case is a terrible tragedy for all involved. We pray for the family and the Officers involved as they heal.

     

  • Tim Theodorou Agree 100%! Great letter! The media just keeps the cycle rolling with the anti-cop speech.
  • Ed Ernsberger The news journal has always had a hate case for the richland county sheriff’s department even going back 30 years when I was a deputy sheriff. When will be idiots realize is that more of us respect law enforcement more than they do.
  • Robert Diehm A fricking men,do the job,know the job,then bitch,do your time in the trenches first!!
  • April Bragg By no means, did I intend on offending anyone when I wrote this. I sure didn’t mean any disrespect for his family! I just thought a lot of people are hurting and there really isn’t one to blame for it. How can his family move on when reporters continue to try and justify their belief that law enforcement was in the wrong. It wasn’t fair to the officers that night! They didn’t ask for him to do what he done, nor be placed in the situation they were in! Just as how can his family move on and grieve for the loss of a loved one when people are trying to justify law enforcement acted wrong.
  • Barbara Boyd Walter The Sheriff of Richland Co is the ONLY elected law enforcement officer in the county. The News Journal has an agenda…all this is an orchestrated character assassination on Sheriff Steve Sheldon. It’s way past time to close this “rag.”
    • Phil Sydnor Sure, a conspiracy theory – LOL! What you have is a day and age of social media that keeps the media honest and you blame the MNJ as having an agenda? That was true a few years ago when all they printed was one sided articles. That’s all changed now with groups likehttps://www.facebook.com/groups/MansfieldersPerspective/ – sure there’s people who hate us too, here you will find a bevy of cover ups and history people like yourself surely just want to forget. The issue with OUR Sheriff is he’s not accessible and remains silent while others speak for him, you don’t see a problem with this? Denial is the first step in solving to fix our problems locally. This comes directly from the Sheriffs page, lets put this into action; ”
      Code of Ethics
      As a constitutionally elected Sheriff, I recognize and accept that I am given a special trust and confidence by the citizens and employees whom I have been elected to serve, represent and manage. This trust and confidence is my bond to ensure that I shall behave and act according to the highest personal and professional standards. In furtherance of this pledge, I will abide by the following Code of Ethics.
      I SHALL ENSURE that I and my employees, in the performance of our duties, will enforce and administer the law according to the standards of the U.S. Constitution and applicable State Constitutions and statutes so that equal protection of the law is guaranteed to everyone. To that end I shall not permit personal opinion, party affiliations, or consideration of the status of others to alter or lessen this standard of treatment of others.
      I SHALL ESTABLISH, PROMULGATE AND ENFORCE a set of standards of behavior of my employees which will govern the overall management and operation of the law enforcement functions, court related activities, and corrections operations of my agency
      I SHALL NOT TOLERATE NOR CONDONE brutal or inhumane treatment of others by my employees nor shall I permit or condone inhumane or brutal treatment of inmates in my care and custody.
      I STRICTLY ADHERE to standards of fairness and integrity in the conduct of campaigns for election and I shall conform to all applicable statutory standards of election financing and reporting so that the Office of the Sheriff is not harmed by the actions of myself or others.
      I SHALL ROUTINELY CONDUCT or have conducted an internal and external audit of the public funds entrusted to my care and publish this information so that citizens can be informed about my stewardship of these funds.
      I SHALL FOLLOW the accepted principles of efficient and effective administration and management as the principal criteria for my judgments and decisions in the allocation of resources and services in law enforcement, court related and corrections functions of my Office.
      I SHALL HIRE AND PROMOTE only those employees or others who are the very best candidates for a position according to accepted standards of objectivity and merit. I shall not permit other factors to influence hiring or promotion practices.
      I SHALL ENSURE that all employees are granted and receive relevant training supervision in the performance of their duties so that competent and excellent service is provided by the Office of the Sheriff.
      I SHALL ENSURE that during my tenure as Sheriff, I shall not use the Office of Sheriff for private gain.
      I ACCEPT AND WILL ADHERE TO THIS CODE OF ETHICS. In so doing, I also accept responsibility for encouraging others in my profession to abide by this Code.”

      1,004 Members
      Phil Sydnor's photo.
  • TomandKerry Henry Well said!!! Thank you to ALL employees at the Richland Cty Sheriffs Office, Mansfield Police Dept. and OSP!!! Stay safe!! Prayers to all involved in this case including Mr Garbers family.
    Like · Reply · 1 · 23 hrs · Edited
  • Angie Kash Baldridge Personally, i would not want to be the law enforcement officer faced with a split second decision that could cost me my life or having take another person’s life. It’s a tough, tough job that get’s them either criticized to death, or shot to death. They’re just human trying to make that quick action decision, right or wrong. Thank you to every officer who puts on that badge and takes that risk every day!
  • Ben Baker I remember when police officers didn’t need to be patted on the back, did their job without fear, and you never heard “try walking a mile in my shoes” mantra. Being a police officer isnt a job, it isnt a career, it is a choice these men/women (most of which are unbelievable) choose because they wanted to protect and serve their communities.

    In regardes of the press, can people imagine if we did not have free press? Who would cover, or investigate bad doings by our government, some elected some civil? Without the press, the coruption of many city, state and federal orginations would have never been brought to light.
    Unlike · Reply · 2 · 16 hrs · Edited
  • Michael Fields I must say, when I got arrested for defending my pregnant wife. The officer was very professional and understanding. He had a job to do, I respected that fact. They do a tough job most of us wouldn’t.

 

Join MP here – to see what they are saying there about this!

History of MNJ articles that are refuted by MP group

 http://www.mansfieldersperspective.com/BrianGarber_NOJUSTICE_NOPEACE.html

 https://www.facebook.com/pages/Justice-For-Brian-Garber/1429733343967979

You can keep watching us, for we are surely keeping an eye on you as well. Call it CREEPY, the rest of us call it TRANSPARENCY!

***Calling on ones employer over public opinion is nuts, it’s OUR DUTY to call or tell yours “The People”

 

Posted in Corrupt Justice System?, Corrupt Political System, For those who can't comment on the MNJ site | Leave a comment

Unlike Brian Garber these Deputy’s must have wanted this man alive?

Could it be Hector Hernandez is a friend of the RCSO, or are they showing in the end how this man will get a deal too by not killing him? – I wonder why Deputy’s names are withheld? 

Its interesting in this case like Garbers they have elected to call in the pros, a lot can and will be said in this case, especially in the end if the tax payers are burdened once again by the no justice system when a deal is made here too?

Here’s the story!-

Man charged with assaulting woman in hotel lot

Know how to play the game and you'll never lose?

Know how to play the game and you’ll never lose?

 

 

 

 

 

 

A man is behind bars Wednesday after he being accused of assaulting a woman and threatening to kill law enforcement officers.

Brian Garber didn’t threaten to kill LEO’s, just said he too now has a gun. Yet the outcome was much different than this?

Surely hindsight says…maybe these rookies learned from this grave incident? How ever we may never know being they are not sharing the names of Deputy’s who were smart enough to call ASORT to end without incident? Just goes to show you what can be accomplished when you don’t make a violent situation worse, ONLY IF they would have done this last March?

Brian Garber, did they learn from this?

Hector Hernandez, 44, was charged with felonious assault stemming from an incident Tuesday evening at a hotel on Koogle Road, according to the Richland County Sheriff Office.

Deputies had been called to the area by Levonda Meade, 36, who said a man believed to be staying in a room there assaulted her in her car around 7:40 p.m.

Meade said she was driving through the hotel’s parking lot when she stopped to let a man on foot, later identified as Hernandez, cross in front of her. When she waved him on, she said, he started yelling at her and waved for her to go first instead, a sheriff report said.

When she pulled forward, she said Hernandez began screaming at her and calling her names. She opened her driver’s side door to ask him what was wrong and said he grabbed the door, pulled a gun out of his waistband and struck her with the butt of the weapon in the face, head and chest.

She had redness and slight swelling to left eye and temple, the report said.

She said Hernandez told her he had her license plate number and would kill her if she called police, then he walked away, the report said.

Meade said she drove around the parking lot until she found a group of people standing outside, and asked them if they knew the man. One of the bystanders said the man was his brother and that he was staying in a room there.

Meade took the information to deputies.

Four deputies responded to the man’s hotel room, but when they knocked on his door they said a man inside the room yelled he had a gun and was going to shoot them.

Richland’s Allied Special Operation Response Team was called in to assist.

Jose Cidron, 30, who identified himself as Hernandez’s brother, told deputies Hernandez was dangerous and was not acting like himself. He said Hernandez was believed to be on drugs.

Earlier that day, he said Hernandez came to him and said “Look what I got,” then showed him a gun, the report said.

While deputies had the area secured, they said the door to Hernandez’s room opened and a woman tried to exit. She and Hernandez saw deputies and shut the door, the report said.

The woman later exited the room and ASORT was able to retrieve Hernandez without incident.

During a search of the room, deputies found a long barreled black paintball pistol underneath the bed’s mattress, a large meat cleaver knife found on top of the heater next to the door, and a box of .380 ammunition with 27 to 50 rounds remaining, according to the report.

The report is being forwarded to the Richland County Prosecutor’s Office for review of additional charges.

kdurbin@nncogannett.com

419-521-7205

Twitter: @njKaitlinDurbin

Now lets watch and see how justice really prevails in a case like this. Just who will pay for this crime will be interesting to know????

Posted in For those who can't comment on the MNJ site | Leave a comment

Donald Hoffman “Coward” & “Beast” is an interesting perspective.

Victims’ families: Hoffman ‘coward,’ ‘beast’

This story depicts an interesting perspective, yet we still think justice was served and we are safer for this? – WOW!

Bob Whitney, Donald Hoffman, Rolf Whitney - The look of justice has been served?

Bob Whitney, Donald Hoffman, Rolf Whitney – The look of justice has been served?

Kimberly Gasuras, kgasuras@bucyrustelegraphforum.com 9:05 p.m. EST January 14, 2015

BUCYRUS – “Coward” and “beast” were just two of the names hurled at convicted murderer Donald Hoffman by friends and relatives of his four victims after he was sentenced to four consecutive life sentences.

Hoffman admitted to killing Freelin Hensley, Billjack Chatman, Darrell Lewis and Gerald Smith in late August and early September. Hensley and Chatman’s bodies were found on Labor Day; Lewis and Smith were found the next day.

Brenda Lauthers knew all four victims and is the sister of Freelin Hensley. She read a statement in Crawford County Common Pleas Court on Wednesday on behalf of Mike Lewis, brother of Darrell.

“I think death is what he should get. My brother Darrell Lewis and the three other men never had a chance. They are dead,” Lauthers read. “We are broken people from all of this. The Bible says ‘Do unto others as you would have them do unto you.’ I give him death, death to Hoffman. Death, death, death.” – The MP admin agrees!

Judge Russell Wiseman explained the sentencing decision was not his, because Hoffman opted for a plea agreement — which the families understand, but may not agree with wholeheartedly.

IF the “DEAL” was to save the people money then “DEATH” is where it’s at. These damn deals are an infringement to justice and keeping the vision alive of protecting criminals. Who BENEFITS by this judgement, BLAMING this or reasoning this stemmed from a cocaine binge is pure BS! This stems from a dirt bag who could not afford his cocaine and now who pays? The TAX PAYER who pays well over $35k/yr to keep criminals locked up for life? Surely he will get a pass on this deal when nobody is looking and will eventually again see the light of day that his victims will not. How can we make deals with MONSTERS, and why are our Prosecutors so easily swayed based on  the cost of trial? Surely a trial costs less than locking this creep up for life. Way to go by a system that’s just trying to justify its means, and people think we’re safer for this CONsequence? – There is NONE when these people get what they want, life spared and living the life of not having to work a job that pays them less than what it costs to lock them up, and we wonder where the PROBLEM in our society is and why a cops job is so dangerous. Look NO FARTHER than travesty’s like this.

All those in the legal profession should be so proud of what they have become? – STOP THE DEALS, YOU ARE IDIOTS!!!!

Ken Hensley spoke about his brother.

“Freelin was a special man to each and every one of us. He meant so much to us. He was a good friend, son, brother, father, grandfather and even saved a man’s life. He had many friends in his lifetime. He was there for each of us when we needed him,” Ken Hensley said.

Ken Hensley said it was an honor to know him.

“It’s hard to understand why or how you could have done the things you did to him,” he said to Hoffman, who showed no emotion. “We would have done anything for him and wished we could have been there to protect him and kept him in our lives. He was taken from us well before his time and we miss him every day. This loss is a nightmare we can’t escape.”

Donna Hardymon, Freelin Hensley’s daughter, said her family came to court to honor their dad.

“We miss our dad very much as well as Billjack, Darrell and Jerry. We miss them all. Donald Hoffman has marked our community for life, we will never forget. I miss my dad dearly. There is no one that can give him back to me, but there is someone who took him from us all: Donald Hoffman,” Hardymon said as she sobbed.

Hoffman pleads guilty to 4 murders; families speak

Hardymon said her mom raised her and her siblings by the Bible, which states an eye for an eye.

“But as a Christian you think to yourself, it’s wrong to want someone to die. Our family and this town are very torn of a decision for this man for what he has done to us,” Hardymon said. “I cry every day. I talk to my dad. Sept. 1 was the worst day of our lives. It’s been 136 days since I have seen my dad other than through pictures. This man did this to us, to our whole family.”

Hardymon said her dad always kept her family safe and that he was a good man.

“I really want Donald Hoffman to die, I really do. He can’t answer why to us other than he did this. It’s just not good enough,” Hardymon said.

Macy Chatman, daughter of Billjack Chatman, said Sept. 1 was the most heartbreaking day of her life when she learned her dad, and her 2-year-old daughter’s grandfather, had been taken from them.

“My dad was a fun-loving, good, kind-hearted person and I just don’t get why you would do something like this to my dad,” Macy said directly to Hoffman. “You are a very heartless person. You don’t deserve to be living when my dad is in the ground. I pray you live a very horribly painful life and that your actions haunt you for the rest of your life.”

Macy Chatman said it is Hoffman’s fault that she can no longer call her dad or go to his house to hang out.

“My child will be growing up with one less grandpa in her life. My heart is broken and will be for the rest of my life. I hope you never see daylight again. You don’t even deserve to be living or breathe the same air,” Macy Chatman said.

While Smith’s family opted not to speak in court, his niece Valerie Smith Malone said later that her uncle was a very intelligent and artistic man who lived with Hoffman as his roommate for several months before Hoffman took his life.

“They were friends. How could he do that to him?” Malone said as she hugged Smith’s daughter, Roni Penwell.

As the doors opened for Hoffman to be taken from the courtroom, Freelin Hensley’s sister, Roxie Messer, yelled out, “The doors of hell have opened. May you rot in hell.”

kgasuras@nncogannett.com

419-563-9213

Twitter: @kimberlygasuras

What do you think about this ass getting to wear ear plugs to block out what he needs to hear?

THIS IS BULLSHIT!!!!

Hoffman_headphones

 I could not agree more with this post…

Why does he get to wear ear plugs? Hr should get to hear the sadness from this family. What he did was wrong and he gets ear plugs?

Posted in For those who can't comment on the MNJ site | Leave a comment

Olson suggests sales tax increase — and fast – Now that’s a ROTFLMAO!!!!!!

MNJ link for those who are commenting there, if they are allowed?

You’re not CENSORED here! – Tell me what you think?

See what they’re saying here MP Group on facebook.

Olson suggests sales tax increase — and fast

5 1LINKEDIN 1COMMENTMORE

Recently retired Richland County commissioner Ed Olson says the clock is ticking on a need for current commissioners to decide whether to approve a temporary 0.25 percent increase in the county’s sales tax rate, to avert cutting $4 million in budget requests.

Olson sent an email hours after officially leaving elected office, advocating that the county’s bond counsel issue an advisory to commissioners on what the firm would charge to prepare resolutions needed to implement an increase in the sales and use tax.

The email was written “as a taxpayer” and copied to current commissioners Tim Wert, Gary Utt and Marilyn John, along with more than three dozen other county officials.

As of Thursday, commissioners had not discussed the proposal on the record.

Richland County’s current tax rate is 7 percent, the same amount as one other adjacent county, Ashland. One nearby county is lower (Knox, at 6.75 percent), but Crawford, Huron and Morrow counties all are higher, at 7.25 percent.

“I have no comment. I haven’t read it yet,” Wert said Wednesday, referring to Olson’s proposal.

Commissioner Marilyn John, who replaced Olson, said she was aware of the email, but said the 0.25 percent sales tax increase has not been a subject of discussion among current commissioners.

“We are just now entering into budget talks and going over departmental budgets — just started yesterday, as a matter of fact,” she said.

Utt said Thursday he had no comment until he has a chance to look further into Olson’s suggestions.

Olson’s email was sent Jan. 1 at 2:05 a.m. to Allison M. Binkley of Squire Patton Boggs, and copied to commissioners and other county officials.

Heads of departments receiving money from the general fund have made $34 million in requests for 2015, but revenues in that fund have been roughly consistent at about $30 million for the past two years and probably will be for this year as well, Olson argued.

“If 2015 revenues do come in at $30 million, or slightly above that figure, it will be difficult to affect permanent cuts of $4 million in 2015,” he wrote.

The former commissioner said general fund spending by the county stood at $34 million in 2008 — the start of the downturn — and added that elected officials and departments “are not asking for any more money than what they needed seven years ago.”

“In the depths of the recession in 2009, Richland County reduced staffing by 17 percent and has not backfilled more than six positions since then,” Olson wrote.

“There is growing pressure to backfill positions in the new jail, sheriff’s road patrol, the engineer’s tax map office, and to a lesser extent in 911 operations, the commissioners’ office, and possibly the courts and clerk of courts and the board of elections, as well as holding back funding for new voting machines in the board of elections (once clear direction is provided by the State of Ohio) and greater funding for autopsies in the coroner’s budget,” he wrote.

Historically, when Richland commissioners institute a sales tax increase, that is followed by calls for an initiative petition to repeal the tax on the next ballot, Olson said. However, if commissioners institute a temporary tax, “the only ballot issue that can be proposed is a primary election vote to prevent the tax from taking effect.”

An emergency vote to institute a tax requires a unanimous vote of all three commissioners, while a nonemergency sales tax increase requires only two of the three members for approval, Olson noted. “If there are only two votes to support the issue, it will have to be a nonemergency measure, and the clock starts on Jan. 1, in order to have the measure in place for a 60-day delay to allow the tax to start on April 1,” Olson said.

“If April 1, 2015, is missed, the revenue between September and December will help, but will be insufficient,” Olson said.

If commissioners act in January, it’s likely a tax increase would not actually go into effect until April, with collections starting on the first day of the next quarter (July 1).

Any decision made after Jan. 30 would go into effect July 1 (the start of the third quarter), with revenue not collected until September, Olson said.

The former commissioner estimated the county would see about $3.7 million annually from a tax increase if it went into effect over an entire year.

A decision by the end of January would result in about $2.16 million in collections in 2015, but a later decision would mean collecting only about $1.2 million over the last four months of the year, Olson said.

Olson said the tax increase should be by unanimous vote. “It will be difficult to convince a public that is already skeptical of government that a measure makes sense if it cannot even attract three votes on a three-member board,” he wrote.

Richland County Auditor Patrick Dropsey said he could not estimate how much might be collected under different scenarios for the hypothetical situation Olson presented. “Unless and until the county commissioners make that decision, it is futile to try and guess,” because of too many factors that could change collection figures, Dropsey said.

lmartz@gannett.com

419-521-7229

Twitter: @MNJmartz

Posted in Commissioners Meeting, Corrupt Political System, For those who can't comment on the MNJ site | Leave a comment

Kaitlin Durbin MNJ’s BEST REPORTER lets the father of Brian Garber speak!

Link to video – so, Matt said he had a gun? Appears the TRUTH is…he said he didn’t know.

Watch this video, comment here!

 

Kaitlin Durbins FULL STORY HERE!!!!

Garber shooting: Expert says deputies broke protocol

SOURCES INDICATE SHERIFF’S DEPUTIES’ ACTIONS MAY HAVE ESCALATED INCIDENT

Kaitlin Durbin, kdurbin@nncogannett.com
SHARE THIS STORY

MANSFIELD – The grand jury’s review of the shooting death of Brian Garber had one purpose: to determine if Richland County Sheriff deputies were criminally culpable for his death.

Garber, 28, was shot and killed by deputies March 16, following a domestic violence incident at his home.
A grand jury cleared Sgt. James Nicholson and Deputies Jeff Frazier and Andrew Knee of criminal wrongdoing, but should that absolve them of all disciplinary action?

Matt and Connie Garber with a picture of Brian behind
Matt and Connie Garber with a picture of Brian behind them in their home.
(Photo: Lisa Bernheim/News Journal)
Not according to Tim Dimoff, a former Akron police officer with 20 years of experience, including SWAT, a federal task force and undercover work. Dimoff is the founder of SACS Consulting Inc., specializing in law enforcement procedures and crime.

He has analyzed situations across the world and been quoted by The Chicago Tribune, The New York Times, The Washington Post, The Wall Street Journal,MSNBC, CNN, “60 Minutes Australia” and BBC World News London.

Dimoff was not familiar with the shooting before the News Journal contacted him for analysis. From the material presented, Dimoff said it’s clear that all sheriff’s deputies should receive more training in up-close encounters. He also said Frazier’s actions merit internal discipline.
MANSFIELDNEWSJOURNAL
Brian Garber case: Deputies’ statements confusing
His assessment also is supported by the sheriff office’s General Order Standard Operating Procedure manual, which guides deputies’ actions before and after an incident, and the prosecutor offices’ summary, which said Frazier acted “unwisely.”

Among Dimoff’s chief concerns is how sheriff’s officers handled a non-hostage situation, why deputies placed themselves at more risk than necessary and why deputies weren’t required to give a statement until eight months after the shooting.

When officers confronted Brian Garber in his parents’ home on Mill Run Road, they knew several facts: Brian was believed to be armed, he had physically assaulted his wife and mother an hour before, he was believed to be on a medication family said made him mean, he was threatening through text messages to kill his wife, and his father was the only other person in the home, downstairs in the kitchen.

With those factors in mind, there was no reason for deputies to rush up the stairs to confront Brian in his room, Dimoff said.

“In that situation, when you approach somebody and there’s no hostages and you think he might have a gun, basic protocol is you don’t go and get near that individual,” Dimoff said. “You don’t decrease your distance, and in that situation you should not be in the room and/or near or approaching the subject until you have full view of his hands, you start to get cooperation and you see that the individual is starting to do things that you’re asking.”

“As the finding of the grand jury has shown, our deputies relied on their training and acted appropriately.”
SHERIFF STEVE SHELDON
The Richland County Sheriff’s Office has been mum on the subject, and deputies did not explain their procedure in their written statements.

At a news conference following the announcement the grand jury would not indict the deputies, Sheriff Steve Sheldon said, “As the finding of the grand jury has shown, our deputies relied on their training and acted appropriately.”

Requests for follow-up interviews were denied. Attorney Dan Downey, representing the sheriff’s office, said in an email the office would not comment further.
Three deputies involved in the shooting death of Brian Garber gave conflicting statements about what happened in the room that led them to fire. This video walks readers through their 95-second encounter.
By Kaitlin Durbin and Lisa Bernheim/News Journal
Rushing the room

Deputies did not follow training protocol, according to their policy manual and Dimoff.

All three officers involved in the shooting were aware of Brian’s strained mental state. Knee and Lt. Donald Zehner had talked to Garber’s wife, Sara Knowlton, and mother, Connie Garber, following the domestic violence call an hour earlier.

Frazier and Nicholson had searched for Brian around the home when he fled.

At the time, Sara and Connie repeatedly told deputies they believed Brian was using Klonopin, a drug they said altered his behavior, and they needed help getting him off the medication. Connie said deputies told them the only way they would help Brian is if she and Sara signed domestic violence charges against him.

The two disputed filing charges for several minutes, but eventually conceded. None of the officers noted in their statements Sara and Connie were reluctant to sign the packet.

Brian Garber’s bedroom. Garber, 28, was shot and killed
Brian Garber’s bedroom. Garber, 28, was shot and killed by deputies March 16, following a domestic violence incident at his home.
(Photo: Lisa Bernheim/News Journal)
Yet, when deputies returned to the area a second time after a report that Brian was armed, the dispatch timeline shows they immediately rushed upstairs and confronted Brian, who was sitting on his old bed, alone.

“In this case they had knowledge that the subject was on some kind of drugs, medication,” Dimoff said. “Well, with that information plus no hostage, you should be incorporating an at-a-distance type of negotiation and you should not be doing anything that could escalate the fears, pressure or confusion of the individual.”

In situations involving drugs, alcohol or mental illness, Dimoff said, getting closer to the subject can exacerbate their emotions, adrenaline and fears. It can escalate the situation and prompt more violent behavior.

Police are trained to limit their movements so as not to spook subjects, Dimoff said.

“When you don’t have hostages, the one thing you have is time, and you can utilize a lot more tools, such as family members, keeping your distance, protection, cover,” Dimoff said. “There’s no rush.”

Because Sara and Connie had signed domestic violence packets against Brian, deputies were required to remove him from the home, their policy on domestic violence mandates. But other factors stipulate how that action should be carried out.

Mental illness?

Deputies believed Brian was on medication, he had displayed violence his family called out of character and was thought to be armed, all indicators he may not be acting in his right mental state. Based on sheriff’s policy, Brian could have been considered mentally ill, defined as a person “whose mental capacity is obviously impaired, whom it is probable represents an immediate or substantial risk of causing physical harm to themselves of others.”

A picture of Brian Garber, center, hangs on the refrigerator
A picture of Brian Garber, center, hangs on the refrigerator at his parents’ house.
(Photo: Lisa Bernheim/News Journal)
In recent years, law enforcement’s definition of mental illness has grown to include the spectrum of mental health disorders, based on National Alliance on Mental Illness training officers receive on how to handle subjects going through a crisis.

When dealing with a mentally unstable subject, deputy behavior typically changes.

All remedies listed in the sheriff’s policy recommend involving the family, physician or OhioHealth MedCentral Mansfield Hospital experts, none of whom were consulted during the incident. The policy does not address a mentally ill subject believed to be armed.

Frazier and Nicholson had completed the Crisis Intervention Team training in recent years. Knee, who had been a deputy one month at the time, had not completed the training, and was not included in the 2014 class in November, NAMI records show.

Sheriff’s Maj. Joe Masi said previously the policy manual is a guideline for behavior, but ultimately it’s up to the shift supervisor to determine the proper course of action.

“We make the determination based on the facts given to us,” Masi previously said. “Every situation is different.”

“Generalized anxiety disorder, major depressive disorder, recurrent mild without psychotic features, history of chronic disorder, history of oppositional defiant disorder (ODD), history of alcohol abuse, history of nicotine dependence in full remission.”
DR. MICHAEL SARIBALAS
In subsequent investigations, it was discovered Brian likely was suffering from a mental illness, depression.

Brian had been seeing a Columbus doctor since 2011 and had been prescribed Klonopin, Lamictal and Zoloft at different times throughout his care. His last appointment was three days before the shooting.

In a report detailing Dr. Michael Saribalas’ impressions of Brian, Saribalas wrote: “Generalized anxiety disorder, major depressive disorder, recurrent mild without psychotic features, history of chronic disorder, history of oppositional defiant disorder (ODD), history of alcohol abuse, history of nicotine dependence in full remission.”

None of that information would have been available to officers at the time of the shooting, but there was enough evidence of a mental health concern they should have treated Brian more cautiously, like a known mentally ill subject, Dimoff said.

The officers going up to Brian’s room and Frazier stepping inside, directly in front of Brian, could have escalated the problem, Dimoff said. In Frazier’s written statement, he said after he stepped inside the room Brian immediately said he had a gun. Brian also reportedly told deputies to “shoot him” and “kill him.”

“You had an officer going into a room that didn’t need to, and it’s like a domino effect, it caused more problems,” Dimoff said.

Against policy

Not only could deputies have aggravated the situation with their quick response, it also put them at more risk than necessary.

When dealing with a subject who may be armed, officers are trained to take cover and protect themselves, not confront the subject in the open, Dimoff said.

When deputies accosted Brian in his room, they were “completely exposed” to the threat, as Frazier described it in his statement.

Bullet holes in the wall and headboard in Brian Garber’s
Bullet holes in the wall and headboard in Brian Garber’s bedroom.
(Photo: Lisa Bernheim/News Journal)
Specifically, Cuyahoga County prosecutors disagreed with Frazier’s actions, writing in their report he “unwisely put himself directly in the line of fire with no tactical cover.”

Before deputies entered the room, Brian was a threat only to himself. His mother, wife and two children were across the street and his father was in the kitchen in police care. Why did deputies needlessly put themselves in harm’s way?

“The decision to go and see what’s going on or where (a subject is) at, that is not a bad decision, it’s actually an action that the police are paid and supposed to do — locate the subject, assess the situation,” Dimoff said. “But you can locate the subject and you can assess the situation from a distance.

“What’s the function of going in the bedroom and putting yourself in harm’s way and increasing the stress level? Why not back down, protect yourself, talk to him from down the hall … ?

“The bottom line is, you don’t go into a room just because you’re a police officer and you have a badge,” Dimoff said.

Statement

Another deviation from policy that Dimoff said shocked him was the lapse in time between the shooting and when officers described the events.

According to prosecutor records, the first and only formal descriptions deputies gave about the shooting were written statements submitted Nov. 4, 5 and 6, the week before the grand jury and eight months after the shooting.

All other witnesses in the March 16 incident on Mill Run Road provided statements within days after. Many of them were interviewed repeatedly over the course of the investigation.

“The officers should have been assisted, guided, commanded to write a report within 24 hours,” Dimoff said. “You have a death. Relaxing a little bit and not (writing a report) immediately is good because it gives your brain time to settle down …, but if you ask me what color tie I had on a week ago I’d have a hard time telling you. If you asked me what color tie I had on eight months ago, I wouldn’t even know how to begin.”

Matt and Connie Garber in their home.
Matt and Connie Garber in their home.
(Photo: Lisa Bernheim/News Journal)
The first time the state Bureau of Criminal Investigation approached the deputies for a statement was March 21, their records show. All three declined.

That’s not unusual, if deputies sought legal counsel, Dimoff said. Their lawyers may have instructed them to wait until they could review the statement.

Sheriff’s attorney Dan Downey would not comment on whether that instruction was given.

By September, officers still had not provided a statement, according to BCI’s report.

“In this case, the investigators did not have the benefit of statements made by the deputies who discharged their weapons; therefore, without knowing exactly what transpired during the encounter, it becomes difficult to provide facts to support what another ‘reasonable’ officer would do in the same circumstance — since we don’t know the totality of the facts and circumstances,” BCI concluded in its report.

BCI spokeswoman Jill Del Greco said the agency cannot force witnesses to give a statement. But in the majority of cases, officers do comply, she said.

As a comparison, the two Mansfield police officers who shot and killed wanted Norwalk man Shane Lambert in late September have given statements to BCI, Mansfield police Chief Ken Coontz confirmed.

Eventually, all three sheriff’s deputies did provide written statements. The week before grand jury, two of them also agreed to be interviewed by BCI, Del Greco confirmed. Privacy laws restrict her from identifying which two officers were interviewed, she said.

But Dimoff maintains those shouldn’t have been officers’ only statements, per standard law enforcement policy. That notion also is supported by the sheriff’s standard operating procedures.

“Any use of force employed by a employee, whether injuries are evident or alleged, shall be documented in a written ‘Use of Force’ report … prior to the employee going off duty.”
GENERAL ORDER STANDARD OPERATING PROCEDURE MANUAL SECTION 11.5: USE OF FORCE REPORTS
Section 11.5: Use of Force Reports states, “Any use of force employed by a employee, whether injuries are evident or alleged, shall be documented in a written ‘Use of Force’ report.” And those reports should be submitted to the employee’s supervisor “prior to the employee going off duty.”

The reports are then used for an internal review.

The News Journal’s April request for those reports was denied. They didn’t exist, according to Masi. If any such reports were submitted later, they were not included in the records turned over by prosecutors.

“This case did not follow all the normal protocol,” Dimoff said. “I’m not saying someone’s wrong because they didn’t (follow protocol), but holding back reports … the department has a right to a report from its employee on what happened.

“There were definitely protocols that could have been followed, should have been.”

Disciplinary action

Based on the facts of the shooting — Brian said he had a gun and reportedly held an object resembling the shape of a Glock under his shirt — Dimoff agreed with the grand jury the shooting did not warrant criminal charges.

But he said deputies’ disregard for policy and quick action in a situation that didn’t call for it should be grounds for disciplinary action. Frazier’s actions merit the most scrutiny, Dimoff said.

All three deputies had reason to believe Brian had a gun, so when Frazier fired his weapon, Nicholson and Knee likely concluded either Brian was shooting at their partner or their partner saw a perceived threat and was shooting at Brian. Either scenario is grounds for them to fire their own weapons, Dimoff said.

“Those two guys clearly acted on very acceptable protocol,” Dimoff said.

What prompted Frazier’s fire is unclear.

Frazier said Brian pulled the object from under his shirt and extended it toward him. Neither Nicholson or Knee saw those movements, according to their statements.

“… under the stress of being too damn close to the subject, which he shouldn’t have been that close, he shouldn’t have been in the room, panicked, knee-jerk reaction, accidentally discharged his firearm, he thought he’d been shot at, the other two thought he’d been shot at, all three returned fire and unfortunately this guy is dead.”
TIM DIMOFF
“(Frazier), under the stress of being too damn close to the subject, which he shouldn’t have been that close, he shouldn’t have been in the room, panicked, knee-jerk reaction, accidentally discharged his firearm, he thought he’d been shot at, the other two thought he’d been shot at, all three returned fire and unfortunately this guy is dead,” Dimoff said.

“So did the police intentionally shoot (Brian)? No, this is basically a negligent type of shooting where an accidental discharge caused a rash of additional reactions,” Dimoff said.

During the criminal investigation, Cuyahoga County prosecutors said it wasn’t their place to question the split-second decisions deputies made in a tense situation. Their only aim was to review the case for criminal charges.

“With the benefit of hindsight, it is possible that this incident could have been handled differently,” the prosecutors’ report said. “Evidence firmly demonstrates that these deputies had an objectively reasonable belief … that Brian Garber had a gun and was an imminent threat to the lives of each deputy.”

Dimoff believes similar problems with lack of training are the root of police-involved shootings in Ferguson, Missouri, and in Cleveland.

Dimoff expects the combined police-involved shootings to prompt a “greater need, demand and probably mandate for police officers to have some kind of close-encounter, aggressive situation training.”

Sheldon has not indicated whether the office plans to provide additional training, but if an officer is found guilty of negligence, the manual dictates training be provided.

“If an investigation concludes that a discharge of a firearm was the result of negligence, the employee may be required to undergo re-qualifications, familiarization, certification retraining, and may be subject to disciplinary action,” according to the sheriff’s policy manual.

Disciplinary action is largely contingent on the results of a wrongful death lawsuit Knowlton said she will launch against deputies. As of this publication, no complaint has been filed.

kdurbin@nncogannett.com

419-521-7205

Twitter: @njKaitlinDurbin

Top 10 Local Stories of 2014

The Brian Garber gun death incident was voted by News Journal staff as the most significant local news story of the year.

GREAT JOB TO KAITLIN DURBIN, DUE DILIGENCE IS HOW DUE PROCESS PREVAILS – TWO THUMBS UP!

Posted in Corrupt Justice System?, Corrupt Political System, For those who can't comment on the MNJ site | Leave a comment

Brian Garber – #IWASMURDERED – Proof the Grand Jury BLEW IT!!!!!

OR SHALL WE SAY THE SPECIAL PROSECUTOR TIM MCGINTY BLEW IT?

CORRUPTION IN THE COURTS, STARTS WITH A GRAND (SECRET) JURY…

WHERE’S THE PROBE HERE GANNETT? – WE SEE THEY LIED IN FERGUSON, THE SAME THEY ARE DOING ALL OVER - https://www.youtube.com/watch?v=HrbCFg9oah0

Proof Brian Garber was MURDERED now that we know who the initial contact and shoot was. Come to find out AFTER 8 months of rumors it was not Donald Zehner as first implied by reports coming from what should have been considered legit sources who work in and around the County Politics. Funny don’t ya think, and maybe good reason now that we know and can begin OUR OWN Community oversight into the shooting for it sure seems this FIXED SECRET JURY missed the boat on this one now that we know who the shooter is. The man has a WELL DOCUMENTED HISTORY of violence in the Community and sheriffs office as well.

This man, Brian Garber (above) ironically having known bouts with depression was killed by another having bouts with depression himself? WOW! – You would THINK if they are calling any reasonable officer would have done the same thing as being reasonable then we need to REMOVE a whole host of people BEFORE MORE DIE at the hands of this man (below). See the last sentence in the last picture where evidence (we think) was shared or not with the Grand Jury, since this Jury is a secret it is unknown at this time leaving the question or what some would call CONspiracy to believe we have just been railroaded by yet another “LEGAL SHAM PROCESS” as one from the Mansfielders Perspective Group would like to call it having he (Randy Shepherd) has been blocked from Justice as well.

Join this group if you have been or seen this illegal practice yourself, Richland County needs no less attention to the abuses of our Justice system here as we are seeing around the Country – join Mansfielders Perspective today to give your insight…

BrianGarber_IWASMURDERED

Ironically by this guy who takes PRISTIQ a medication for depression is ALLOWED by SO to carry a gun and lead a team into harms way ignoring all precaution?

Raymond Jeff Frazier

His own words that be found on the Cuyahoga County Prosecutors website, interesting enough THEY have no issue with Deputy’s taking possible mind altering drugs while carrying a deadly weapon, one of which was UNLOADED on a man who he thought was reaching for a gun based on pre-conceived notion that the guy could have had a gun?

WARNING: SUICIDAL THOUGHTS AND BEHAVIORS

See full prescribing information for complete boxed warning.

  • Increased risk of suicidal thinking and behavior in children, adolescents and young adults taking antidepressants (5.1).
  • Monitor for worsening and emergence of suicidal thoughts and behaviors (5.1).
  • PRISTIQ is not approved for use in pediatric patients (8.4).

RaymondFrazierMed

Please give us your thoughts, the Community’s first watch dog group organized by concerned citizens who have had enough of these abuses of power and hypothetical cons they are pulling off on the people using both the media and their “legal sham process”

As we are seeing once again there is NO PAPER TRAIL in this case, NOTHING filed that can’t be tampered with making this injustice nothing more or less than just another conspiracy to kill citizens at will – WHO’S NEXT????

This last photo is part of a 308 page investigation by the BCI, was this missed or even shared with the Grand Jury is the question? This Grand Jury is QUESTIONABLE at best and WHY was Sara Knowlton threatened to be charged with perjury if she testified?

These are just some of the questions that need answered Sheriff Sheldon and we DEMAND ANSWERS!!!!

 

This was found on facebook…

Brian Garber, 28, of Lexington, Ohio was killed on March 16th, 2014. He was shot to death by police.

According to reports, police were called to the Garber residence after Brian, who was prescribed to medication that had a tendency to make him feel depressed, made a statement that he had a gun. Brian’s father, Matt Garber, was not concerned about the safety of others, but rather for his own son; he was worried that he may hurt himself. Feeling helpless, they dialed 911. The events that transpired are not certain. What is known, however, is that a gun was never found on Brian Garber on the night that he was killed, nor was there a gun presented in the evidence in trial. Still, police shot Brian Garber, in his bedroom, 14 times, to his death.

Brian was married and had two children whom he adored, they miss him greatly. His Mother, Connie Goble Garber, was kind enough to share her story with us, as she and the many who loved Brian continue to mourn the loss of their beloved son, father, husband, and friend.

The three deputies that were involved, James Nicholson, Deputy Andrew Knee and Deputy Raymond Frazier, were cleared of all wrongdoing by a prosecutor. Family and friends of Brian struggle to seek closure and comfort when no justice has been served.

Our deepest, most heartfelt sympathies go out to the Garber family during their time of grief.

Rest In Peace, Brian Garber
‪#‎IWASMURDERED‬

In consideration of the media blackout regarding this incident, and for the sake of the grieving loved ones who are desperate to have their voices heard, we strongly encourage sharing this story to give it a chance to go viral. It’s our ultimate intention to bring awareness to the growing issue of police brutality and wrongful death, while giving those who lost their lives the remembrance that they deserve.

http://archive.mansfieldnewsjournal.com/…/No-firearm-listed…

http://www.mansfieldnewsjournal.com/…/garber-gran…/19338373/

 

 

WE WILL NOT SURRENDER UNTIL EVERY ROCKS BEEN TURNED!!!!!

Found on – #JUSTICE FOR BRIAN GARBER PAGE

Those who WITNESSED yet remain silent???? – Careful when in contact with these men?

This is the ONLY WARNING you will get, they will ONLY GIVE YOU 90 seconds to comply, or die!  It’s your choice, and since the PUBLIC cares notta may the odds be in your favor?????? – Sorry guys, but as the ALL MIGHTY Judge DeWeese says…there are choices, and there are consequences. Some may believe this crap, but MANY DO NOT!

Sgt. James Nicholson

Sgt. James Nicholson

Lt. Donald Zehner

Lt. Donald Zehner

Deputy Andrew Knee

Deputy Andrew Knee

Posted in Corrupt Justice System?, Corrupt Political System | Leave a comment

Randy Shepherd vs Child Support Enforcement Agency for Public scrutiny, did justice prevail or will it?

After nearly 6 years of avoiding justice in this case Judge Brent Robinson now disqualifies ones self because of CONflict of interest as Prosecutor then? Here are documents shared on the MP Question Politics page for the public to scrutinize here.

Between all the elected heads since 2008 Mr. Shepherd has been chasing a legal sham process that may be coming to head as the case NOW moves forward to the Honorable 10 Commandments Judge DeWeese???

Here is what we have to scrutinize…

Randy Shepherd case files for Case No. 2008_cv294 – Mind you Robinson worked as Prosecutor staff in 2008 who refused to Prosecute?

Case No,2008_cv294_pg1

Case No.2008_cv294_pg2

Meantime CORSA Invoice found showing Judgement of overage paid? – Yet Richland County Commissioners can’t find the check Randy did not receive? – Mr Shepherd found this record I do believe in a file they thought he would never see, an Invoice that CLEARLY depicts the County was given an Invoice from CORSA so they could pay him. This was brought to the attention of the Commissioners on numerous occasions until being formally documented at the October 16th 2014 Commissioners meeting in which Commissioner Olson took it upon himself to get to the bottom of this, still to this day no avail with exception to chase CORSA a private entity for answers?

November 17th Judgement Entry by Judge Robinson to disqualify himself in the matter (Conflict of Interest?) – Never mind this was April, not filed until November? WOW! – are they really saying the Clerk of Courts has this big of a bottleneck for filing?

November 24th Corrected Judgement Entry for proper English usage for disqualifying ones self from the case, how does one legally correct a Judgement Entry?

Appears we have a fraud by our NEWLY Elected Judge 2 months before he officially takes office by the people for the people?

Your thoughts on this legal mess please!!!!! – THEY say hire another Attorney…

Now that’s ROTFLMAO – huh Drew Tyler?

 

Links to source in which many frauds can be found…

 

Posted in Commissioners Meeting, Corrupt Justice System?, Corrupt Political System, News on Facebook | Leave a comment

Interesting finding the Cuyahoga Prosecutor missed, maybe he should shoot himself like ours did? – That would be PROBLEM SOLVED!!!!

After further review of the finally shared records that defied transparency in this case it was found this lead officer was on a medication called PRISTIQ, a medication for DEPRESSION ironically enough! They made Brian Garber seem like a NUTJOB because he was on medication for depression, yet they somehow missed this?

Lets go down a timeline or history if you will where this man has used unreasonable behavior in the past shall we?, then we will get to Tim McGinty’s quote!

Timeline of Frazier’s instability:

May 16, 2013: Placed on paid administration leave for attacking the worker at Terry’s Towing on May 9. (The next day, May 16, the Mansfield Police Department alerted the sheriff’s office that Frazier’s behavior concerned some of its staff.
Sheriff Sgt. Rich Eichinger’s wife, Mansfield police officer Angela Eichinger, told her supervisor that she was concerned for her safety because of some possible threats Frazier made that “everybody involved will get it,” according to the report.
It was unclear when or to whom the statement was made, the report stated.
Sgt. Eichinger asked Sheriff Lt. Donald Zehner to talk to his wife about her concerns and Zehner refused, the report said. When she called Zehner, he did not pick up, Zehner wrote in Wednesday’s report.) ( It was also during this time that I and my family saw first hand just how unstable Frazier is…I made a formal complaint about his actions while acting as civil standby at my home to his immediate supervisor, Deputy Gunder, on May 14, 2013).

June 4, 2013: Allowed to return to work after psychological review. (Maj. Dale Fortney, said Frazier was issued an “Instruction of Caution” for “Unsatisfactory Work Performance and Failing to Maintain a Required Standard of Performance.”

August 22, 2013: Frazier is placed on administrative leave again for allegedly (their words, not mine. We all know…) using excessive force. (This was the garage beating incident).

Sept. 24 or 25, 2013: Cleared a pre-disciplinary hearing on Tuesday(9/24) or Wednesday (9/25) this week, and returned to work the following day (returned either 9/25 or 9/26), Sheriff Steve Sheldon said.

Fast forward to March 2014- Brian Garber is shot to death by Deputy Frazier. Admits to using the prescription Pristiq, admits to believing that he had been fired upon & was shot ( he was not shot as the record shows).

*This timeline is in progress*

Now that you got to know Raymond “Jeff” Frazier like this one sided jury didn’t because this information was probably left out or the jury has ATTENTION DEFICIT DISORDER? It CLEARLY appears they missed the warning signs that there’s a problem here, a ticking time bomb if you will that is why we are posting this IMPORTANT MESSAGE for anyone who confronts this man to comply and record their encounter or this too could be you next? Since this encounter he has already violated another couples home without just cause when they illegally entered their home with his posse and dogs for supposedly someone making a call that they were going to hurt themselves? This incident happened November 21st approximately 5:00pm in which their would be a 911 call prior which needs to be verified. Could compound an imminent lawsuit in which this couple is seeking counsel for?

Now, lets get to Tim McGinty’s statement on the Brian Garber case shall we?

He said in this case for the shooters, and for this example we are talking about the LEAD SHOOTER who is the only one on record to see what was said he saw,  what looked like a gun and a man sitting on a bed going for it?

With the benefit of hindsight, it is possible that this incident could have been handled differently. Nevertheless, the law provides a clear standard to analyze police officers’ use of deadly force (… “a reasonable officer on the scene, standing in the officer’s shoes, perceiving what he perceived and acting within the limits of his knowledge or information as it then existed”). Evidence firmly demonstrates that these deputies had an objectively reasonable belief, based on facts known to them at that time, that Brian Garber had a gun and was an imminent threat to the lives of each deputy.
Therefore, it is the opinion of the State that the March 16, 2014 shooting of Brian Garber by Sgt. James Nicholson, Deputy Andrew Knee, and Deputy Raymond Frazier was justified and that no criminal liability exists regarding the three officers role in the death of Brian Garber. This tragic incident was unfortunate and the State is sensitive to its impact on the Garber family. Nevertheless, a critical examination of the facts and circumstances leading to Brian Garber’s death reveals that the deputies who responded to 3400 Mill Run Road on March 16, 2014 acted within the bounds of the law.


Respectfully submitted,


Timothy J. McGinty – Cuyahoga County Prosecuting Attorney


Matthew E. Meyer –  Assistant Prosecuting Attorney 

James A. Gutierrez – Assistant Prosecuting Attorney

SPECIAL PROSECUTOR’S REPORT CONCERNING THE DEATH OF BRIAN GARBER

So, respectfully saying to these Prosecutors NOW KNOWING this Deputy Raymond “Jeff” Frazier is of sound mind and “reasonable” as you say there is NO FINDINGS of dereliction of duty by our fair Sheriff for keeping this time bomb on the force? Surely NOBODY was charged with any offense so it is my guess this Grand Jury was to find fault in something or someone and why one witness plead the 5th, the wife who made this “reasonable” FALSE WITNESS CALL to 911 not knowing for sure this man had a gun, which by the way looking back on hindsight by the so called evidence shared within that was unknown at the time of the 911 log that depicts the call ended at 8:14pm, and where text message time stamp that depicts he too has a gun wasn’t until 8:15pm, sounds reasonable to me that there’e a CONFLICT of evidence or lack there of to prove your case. The Mansfielders Perspective Group, a TRUTH seeking group if you will, not a cult would be glad to have you join us for discussions on this matter. YOU SIR RESPECTFULLY missed the data given in your own report?, or it was simply an OVERSIGHT on your part before making this decision that took 8 months to prepare which is SLOPPY at BEST!

This is surely a sad case of events, but as a citizen of Richland County knowing the lead Deputy’s HISTORY of violence who announces publicly we are in a police state we the people in this group announce we want his resignation before someone else gets hurt in which will involve the State as you said being part in a huge lawsuit of dereliction of duty and possible racketeering charges for covering this up under the guise of secrecy on the Grand Jury!

I personally and respectfully tell ALL CITIZENS OF RICHLAND COUNTY if they see this Deputy to use CAUTION by calling ANYONE other than 911 with what’s known today as a license to KILL. You must record this confrontational man and keep yourselves surrounded by witnesses, for this decision is anything you do or say today can and will result in DEATH!!!!!

In closing it’s ironic that a man fighting depression is killed by another who’s also fighting depression, read the attached records for yourself! Surely you will find the many holes and conflicting stories that will leave this Community guessing for years to come.

We would like to Thank the Cuyahoga County Prosecution for doing the job of our late Prosecutor who refused to do their job based on conflict of interest in which there is none “In Writing” as by law was required to happen! This is a sham legal process we have seen, now we must move to prove EVERYTHING done in this case was WRONG!

You see this man – BEWARE – he’s the one ultimately responsible for the death of Brian Garber, a few shots not this many would have been sufficient in a “reasonable” thinking mans mind, then again I have to work daily to pay for crap like this, so who am I?

Raymond Jeff Frazier

 

Posted in Corrupt Justice System?, News on Facebook | Leave a comment

Special Prosecutors Report Concerning the Death of Brian Garber – Yet we still have questions as a result that appear were not answered?

Yes, I agree we have a different telling of the accounts from this incident that could rightfully dispose of this case, but now even more questions arise!

I believe being this took over 8 months to investigate we have something bigger, more sinister being covered up, the drug(s) found in Brians body. Do we not remember there was a body left for dead on Hull Rd that overdosed on a similar product? Was there not a witness who dropped this body on Hull Rd. who also committed Suicide? Was it not the man of one of her children wanted for questioning not killed before he could be questioned? All we have left now is a black man being held by the Sheriff in relation to having a gun under disability who may know more, can we get his recollection of the body that was dumped or why he may think the man wanted for questioning wound up dead in Mansfield after running from Norwalk? 

Yes, they too would like you to think I’m crazy we well – hmmm? Future murder for hire to silence the needed attention on the drug and theft problems we have here in our community, ALL of which have surrounded dirty cops either behind it or who have been paid off to protect it! Then we can now add in a Deputy who’s had NUMEROUS accounts of outbursts and violence who’s first to see a fictitious gun because/maybe the steroids he abuses played tricks on his mind because someone planted a seed? Come on people, are these the cops we want to trust with our families lives, that is a REAL question. We have also seen, heard, and know cops who don’t like the Mansfielders Perspective Group who asks the questions that need answered. Here I can only hope the community will speak out on today’s forum of abuse of power and authority in our community before they incite violence that brings on Marshall Law. This is CLEARLY a blatant attempt for what can be called Executive Branch take over in which Laws, Procedures, and Policy’s in place are blatantly ignored for the people to have control over this madness. We are heading down a very DANGEROUS path in which anyone at anytime can be murdered by a cop willingly and knowingly lies. It’s been done before and it will continue, why else were prior reprimands kept from this Grand Jury? Because one if not all would have been indicted is why!

I WILL ASSURE YOU the public that this deal is not done and we the people of integrity in this watchdog group will be keeping a watchful eye going forward, for these men are now on radar and their every move scrutinized. Surely we will be calling for Sheriff Sheldons job if it’s not already in jeopardy from past dealings and current litigation that is being said can and will implicate him in other wrong doings in our fair County. You are NOT SAFE with this Sheriff and/or a handful of narcissistic sociopaths who have infiltrated his regime. Let the RAIDER TRAINING begin, more deaths to happen as we have surely spun this without public record over the last 8 months. Surely as I am alive we will be having folks come forward to scrutinize!

P.S. I want to just say Thank You personally to the Prosecutor from Cuyahoga County to take the little time he took with little involvement I am sure in this fiasco. Job well done placing the BLAME where it don’t belong, now you have 3 more victims you have laid blame on for the death of their husband, mother, father, and the countless family members. You should be so proud????

Maybe the NEXT CONflict of interest you can investigate why our late Prosecutor’s office called for executive session while NOBODY assigned from his office showed up? Then you have the minutes that depicted the public was shut out yet Donald Zehner and an Attorney was there for unknown reasons to the public with Al from the MNJ depicting privacy due to Sunshine Laws??? What the hell is going on here is the better question our group will be investigating and watching so don’t be surprised more lies being made up to silence. They tried the CONventional way of silencing this group by spreading lies and deception with a fictitious character called Drew Tyler who also can be found on my website, yet local LEO’s and Admins refuse to locate for questioning. Maybe if you read this you can find this person?, surely they hold the keys to the curtain they hide behind, hell they are probably the mastermind behind much of the deception here? They after all enjoy screwing with the public under this guise that nobody will look into who has said time and time again this will continue on the premise of “prove it” – Well, we could IF LAW ENFORCEMENT DID THEIR JOB, RIGHT?

http://www.mansfieldersperspective.com/questionpolitics.html

Have a nice day! – Our community is growing and soon we will have integrity brought back to justice as more who are wronged by this corrupt Executive Branch take over unite!  

As the saying goes…”UNITED WE STAND, DIVIDED WE FALL”

Timothy J. McGinty
CUYAHOGA COUNTY PROSECUTOR

SPECIAL PROSECUTOR’S REPORT CONCERNING THE DEATH OF BRIAN GARBER
On September 3, 2014, the Cuyahoga County Prosecutor’s Office was appointed by the Richland County Court of Common Pleas to conduct an investigation into the circumstances of the death of Brian Garber. Consistent with this mandate, the following facts and circumstances were examined and analyzed.1 These relevant facts are assembled on a timeline, followed by the appropriate findings as dictated by the evidence.
On March 16, 2014, three Richland County Sheriff’s Deputies, Sgt. James Nicholson, Deputy Raymond Frazier, and Deputy Andrew Knee fired their weapons during an encounter with Brian Garber at 3400 Mill Run Rd., Lexington, Ohio, resulting in Garber’s death. The events leading to this incident are as follows:
March 14, 2014 20:54:44 to 23:14:12
Brian Garber sent a series of text messages to his wife, Sara Knowlton, in which Brian complained about Sara’s relationship with her boyfriend. Brian concluded by texting Sara that he was ending their relationship.
March 15, 2014 7:14:25 to 20:50:25
Brian Garber and Sara Knowlton exchanged text messages about having to find money to pay a nanny. The two also discussed Brian purchasing marijuana and an item for Sara referred to as “7.5,” which is a street name for hydrocodone. At various points during the day, Sara asked Brian if he was sleeping and threatened to “call the cops” to check on him.
1This report draws from the work of the Ohio Bureau of Criminal Investigation. A team of investigators, led by Special Agent Cory Momcholov, conducted an extensive and thorough evaluation of the evidence in this case. Additionally, Investigators from the Cuyahoga County Prosecutor’s Office assisted BCI in interviewing witnesses. The State is grateful to the professional and exhaustive work of these investigators. Additionally, Richland County officials were wise to recognize a conflict of interest in this case and to request a neutral investigation by outside agencies.

2

March 16, 2014 8:32:41 to 18:28:26
Sara sent Brian a series of increasingly hostile text messages about him sleeping, endangering their children, and overdrawing their bank account. Sara confronted Brian about finding klonopin pills, which she accused Brian of abusing. Sara texted Brian, asking him if the couple’s infant daughter had died because he had been high on the pills. This caused Brian to become irate. Sara continued to tell Brian he should have saved her some money, causing Brian to continue to insult Sara and complain about her relationship with her boyfriend. Sara threatened to call Brian’s psychiatrist and probation officer, causing Brian to respond and tell Sara that all she cares about is money. Brian again told Sara to stop blaming him for their infant’s death. Sara told Brian he has to stay with his mother. Brian then told Sara that he was ending their relationship. Sara told Brian that she flushed his pills, and Brian responded by telling her that she needs to leave. Sara refused and instead instructed Brian to live with his mother. Sara told Brian multiple times that she was not angry with him, but that he shouldn’t take klonopin pills. Brian accused Sara of allowing his mother to manipulate and control him.
March 16, 2014: Sara Knowlton’s first call to 911
At 7:02 p.m. on March 16, 2014, Connie Garber placed a frantic call to 911, saying “Get the cops here, 3425 Mill Run Road * * * [w]e got a nut here, get the cops.” Mrs. Garber told the dispatcher that her son was “going nuts on us, beating on me and everything, he is breaking stuff.” When asked for information, Garber handed the phone to Sara Knowlton, who told the dispatcher that her husband, Brian Garber, broke down a door and was “beating his mother and strangling me.” Sara told the dispatcher that she believed Brian was high on klonopin. 911 dispatched Sheriff’s deputies to the scene.
Either during or immediately following the incident, Sara Knowlton sent a text message indicating that Brian attacked her and is going to jail. In the text message, Knowlton claimed that she was hurt and wanted the recipient of the message to come get her.
March 16, 2014, 19:10 hours
Deputy James Berry, Lt. Donald Zehner and Deputy Andrew Knee responded to the 911 call at 3425 Mill Run Rd. By the time they arrived, Brian Garber had left the scene. Deputy Knee observed a red mark on Connie Garber’s upper chest that he believed was an injury caused by Brian Garber, and photographs the injury. Deputy Knee spoke to both women about filling out paperwork to press Domestic Violence charges. Both women filled out and sign paperwork. Connie Garber’s affidavit stated that her son “hit me in the left arm and chest,” and Sara Knowlton’s affidavit stated that Brian “[b]roke in the door attacked me by strangling me and pushing me down.” Matthew Garber arrived and told Connie and Sara that he didn’t think they should press charges against Brian. Deputy Knee told Matthew to return to his car

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and not to interfere with the situation. Deputies began searching the surrounding area for Brian Garber with the intent to arrest him for domestic violence.
March 16, 2014 20:15:27 to 20:21:48
Brian Garber texted Sara “just so u know I have a gun now too… so DON’T fuck with me!!!!” Brian followed up with “those pussy cops can throw me in jail put me in prison…it doesn’t matter what they do cuz once im out…. U R DEAD!!! * * * and believe me im not afraid of prison I think I would like a big black dick inside me actually hell I wouldnt mind finding some poor young victim * * * 2 anally rape myself.”
March 16 2014: Connie and Matthew Garber’s confrontation with Brian Garber
After the completion of the domestic violence packets at 3425 Mill Run Road, Connie and Matthew Garber returned to their home at 3400 Mill Run Rd., across the street from the home where Brian Garber and Sara Knowlton lived with their two children. When they entered the house, they saw Brian’s shoes and realized that he was in their home. Both Connie and Matthew proceeded upstairs to Brian’s old bedroom, where they saw Brian sitting upright on the bed. They observed that he has been drinking a can of beer. Both Connie and Matthew told Brian he shouldn’t be drinking and that he needed to get help. Brian told Connie and Matthew that “you wouldn’t want to see what’s under my shirt, I’ll just shoot you.” Brian also told Connie and Matthew that he knew the cops are coming. Both Connie and Matthew saw Brian holding something under his t-shirt. Although Connie was skeptical that Brian was holding a gun, Matthew believed that what Brian has under his shirt was a gun. Matthew described seeing Brian pointing what he thought was a gun at him and Connie from under his shirt. Matthew told investigators that he did not believe Brian was pointing his finger. Matthew and Connie left the room. Matthew then told Connie, “maybe you should tell [the officers] to come back and that he could possibly have a weapon.” Connie took the children in her car and left Matthew at the house. She then went back across the street where she told Sara Knowlton that Brian “has a gun, call 911.” Connie then left with Sara and Brian’s children.
March 16, 2014: Sara Knowlton’s Second Call to 911
At approximately 8:12 p.m. on March 16, 2014, Sara called 911 a second time and told the dispatcher that her husband Brian was at 3400 Mill Run Rd. and had a gun. As a result, deputies were dispatched to the scene again. Sara told the dispatcher she was all alone with a broken door, and the dispatcher told Sara to barricade herself by pushing something up against the door. Sara could be heard to be crying and frantically pushing an object in the background, which Sara told the dispatcher is a washing machine. When asked why she thinks Brian has a gun, Sara told the dispatcher “He just text[ed] and said he had one and then he went up there and showed his parents, so my mother-in-law took our kids, put them in the car and ran.” Sara also told the dispatcher that Connie did not think that Brian was really

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holding a gun. Sara repeated Brian’s text message to the dispatcher, stating “those pussy cops can throw me in jail put me in prison it doesn’t matter what they do because once I am out you’re dead.” Sara also repeated the other text messages from Brian. Sara assured the dispatcher that Connie took the children away from the house. The dispatcher had Sara stay on the line until officers arrived. While on the line, Sara heard that shots had been fired from the background of the call.
Dispatch records show that as a result of Knowlton’s second 911 call, deputies were notified to respond back to the area at 20:14:35 p.m. on March 16, 2014.
March 16, 2014: Lt. Zehner’s account of shooting
Lt. Zehner stated that after he and Deputy Knee left the area, he received a dispatch informing deputies that Brian Garber was back at Mill Run Road, and that a text message was sent from Brian’s mother to Sara that Brian has a gun. Zehner arrived on scene at 3400 Mill Run Road and took command, sending one deputy to the rear of the house. According to dispatch records, Zehner advised dispatch that he was on the scene at 8:20:25 p.m. All of the deputies and officers who arrived were in full uniform. Sgt. Nicholson proceeded into the garage and they were met near the door by Matthew Garber, who told them that Brian was in the upstairs bedroom.
According to dispatch records, Zehner advised dispatch to hold radio traffic (due to the handling of an ongoing emergency) at 8:22:20 p.m. Zehner, Knee, Frazier, and Nicholson entered the house and proceeded upstairs. Zehner told Deputy Knee to remain with Sgt. Nicholson due to his status as a trainee. Zehner was following the other three deputies, and heard someone say “he’s got a gun” and “drop the gun.” From his position at the top of the stairs, Zehner could not hear Brian’s voice but said that he heard one of the deputies tell Brian “I have family, you have family, we don’t want to kill each other” and “put the gun down.” Zehner stated that he heard deputies say several times “put down the gun,” followed by shots being fired. Zehner stated that he saw the three deputies in the doorway standing shoulder to shoulder, and that he could not tell who was firing their weapons. According to dispatch records, at 8:23:55 p.m., Zehner then radioed dispatch that shots had been fired. Zehner then entered the bedroom where the shooting occurred and commanded Deputies Frazier and Knee and Sgt. Nicholson to go downstairs. He checked Brian Garber for signs of life, and it was clear he was dead. Zehner did not see a gun when he entered the room. When an EMT arrived, Zehner escorted him to the room where the EMT placed pads on Brian Garber’s body to check for vital signs. Zehner later accompanied Assistant Prosecutor Bambi Couch Page to the bedroom in order for her to inspect the scene.
March 16, 2014: Deputy James Berry’s account of the shooting
Deputy Berry had been the first officer to arrive at the initial 911 call for help at 3425 Mill Run Road, and had assisted in the unsuccessful search for Brian Garber.

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Shortly after Deputy Berry left, he received a radio dispatch call that the suspect’s mother was texting the suspect’s wife that he was in the house with a firearm, and the wife was afraid that the suspect would kill her. Berry recalled hearing the dispatcher describe a text that “It doesn’t matter what the cops do, once I get out of jail you’re dead.” When he got to 3425 Mill Run Road, he learned that Brian Garber was in the residence at 3400 Mill Run Road. All of the deputies proceeded up the driveway together. At the scene, Deputy Berry took up a position at the rear of the house in case Garber attempted to flee into that area. While behind the house, he saw a light turn on upstairs. Thinking Garber might try to jump out of a window, Berry watched the window but then heard shots. Berry thought 10 seconds went by between the light coming on and the gunshots. Berry proceeded into the house and saw Lexington and Bellville officers speaking with Matthew Garber. At Lt. Zehner’s instruction, Berry took up a position at the end of the driveway and began a log of all persons entering the scene.
March 16, 2014: Officer Jason Hutchison’s account of the shooting
Bellville Police Officer Jason Hutchison received a dispatch to respond to 3400 Mill Run Road to provide assistance to Richland County Sheriff’s Deputies in response to a male with a gun threatening his family. He was present when deputies went inside, and was near the stairs when shots went off. Hutchison and another Bellville Police Office accompanied Matthew Garber outside after the shooting, and remained with him until detectives could respond and interview him. Matthew Garber told Hutchison “I don’t know where he had a gun,” and “had it under his shirt, I know he had a gun.”
March 16, 2014: Captain Troy Weaver’s account of the shooting
Capt. Weaver, of the Lexington Police Department, received a call from the Richland County Sheriff’s Department to assist their units in a situation involving an armed man. Weaver responded with Lexington Patrol Officer Beasley to 3400 Mill Run Road. Captain Weaver entered the residence when several deputies were already talking to a male on the second floor. As Weaver waited at the bottom of the steps, he heard Lt. Zehner say that the male had a gun. Weaver also heard a voice that he believed to be Sgt. Nicholson say “[w]e all have families, don’t do it.” Weaver stated that he then heard 5 to 6 gunshots. Weaver thought that the duration of time when he heard deputies were speaking with the suspect to the point of the gunshots lasted one to two minutes.
March 16, 2014: Officer Michael Beasley’s account of the shooting
Lexington Police Patrol Officer Michael Beasley responded to the initial domestic violence call at 3425 Mill Run Road to assist Sheriff’s deputies. Officer Beasley assisted in the unsuccessful search for Brian Garber. After leaving, Beasley received a dispatch call that Richland County was going back to the area because family members had located Garber at 3400 Mill Run Road and that Garber had a gun.

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Beasley arrived near the scene of 3400 Mill Run Road along with Capt. Weaver and waited at the city limits until other deputies met them and requested assistance. Both Weaver and Beasley proceeded with deputies to 3400 Mill Run Road. Beasley accompanied Weaver to the base of the stairs while other deputies were upstairs. Beasley could hear one of the deputies attempting to talk Garber into surrendering. Beasley stated he could hear a deputy say “You don’t have to do this, and “we all have families.” Beasley told Matthew Garber that he needed to leave the residence. At that point, Beasley heard shots being fired and then grabbed Matthew Garber and escorted him out of the residence. Beasley said that outside, Matthew Garber stated that he had found his son in the house and had seen that he was holding a handgun in his coat. Beasley was unable to provide a time frame of how much time had elapsed during the incident.
March 16, 2014: Bambi Couch Page’s response to the shooting
Following the shooting, then Assistant Richland County Prosecutor Bambi Couch Page received notification from another Assistant Richland County Prosecutor that a shooting had occurred at 3400 Mill Run Road. Ms. Couch Page and then-Richland County Prosecutor James Mayer, Jr. went to the scene in order to observe and provide advice. Ms. Couch Page, accompanied by Lt. Zehner, observed Brian Garber’s body and noted the presence of a remote control unit2 on the bed. Prosecutor Mayer and APA Couch Page advised Richland County Sheriff, J. Steve Sheldon, to request that the Ohio Bureau of Criminal Investigation (“BCI”) conduct an investigation into the shooting to avoid any conflict of interest. Sheldon agreed and requested that BCI agents respond to the scene. APA Couch Page also received notice that an Investigator with the Richland County Coroner’s office had been notified of the shooting and wanted to know if the body could be retrieved. APA Couch Page notified officers that no Richland County Coroner’s employee could enter the scene or retrieve the body until BCI Agents had an opportunity to arrive, collect evidence, and document the scene. BCI crime scene technicians were unable to respond to the scene until several hours after the incident because they were coming from another area of the State where they had been handling a separate case.
March 16, 2014: Sgt. James Nicholson’s statement
After having been advised of his rights, Sgt. James Nicholson agreed to voluntarily provide a written statement and an interview to BCI and CCPO investigators. Sgt. Nicholson initially responded to the Domestic Violence call at 3425 Mill Run Road, where he arrived and assisted Deputy Berry in the unsuccessful foot search for Brian Garber. Sgt. Nicholson spoke to a neighbor, who had seen a person wearing
2The “remote control” unit belonged to a toy car. There were three remote control toy cars in the closet of the bedroom where the shooting occurred. Including the device found on the bed, Investigators also found two other remote control devices in the closet accompanying the three toy cars.

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dark clothes run across the yard and into the street. Sgt. Nicholson left the scene upon completion of the domestic violence packets.
About a half hour later, Sgt. Nicholson received the dispatch that the suspect had been located at 3400 Mill Run Road by his parents, and had a firearm in his possession. Upon return to the area, Sgt. Nicholson met Lt. Zehner, as well as Deputies Frazier, Berry, and Knee. Nicholson knocked and entered the open garage door of the residence and encountered Matthew Garber. Sgt. Nicholson stated that he asked Matthew Garber if Brian Garber was present, and told Matthew that they had a signed domestic violence packet against Brian. According to Nicholson, Matthew Garber then directed the officers to the stairs and indicated that Brian was upstairs. Nicholson stated that he climbed the stairway, and found Garber sitting in the last bedroom on the left with both hands hidden from view. He stated that the light was off, and he could see Garber sitting on the bed with his back to the headboard. Nicholson stated that he moved into the doorway and turned the light on. Brian Garber then told Nicholson that he had a gun. Nicholson stated that Deputy Knee was standing in the doorway to the left of him, and Deputy Frazier moved past them and entered the room. Nicholson said Garber was very agitated and his eyes were extremely large. He saw an object under Garber’s shirt that appeared to him to be the frame of a Glock handgun. Nicholson asked Garber to show him his hands, and he said no. Nicholson told him that “we all have families here, and that we would take him to the hospital to get him help.” Garber replied “fuck them.” Nicholson plead with Garber “don’t do this,” but Garber stated “fuck them,” “no one can help,” “shoot me,” and “kill me.” Nicholson stated that he told Garber that isn’t going to happen and again told Garber to drop the gun.”
Nicholson stated after a short pause, he heard a loud “bang,” which he believed to have been a firearm being shot from Garber’s direction. At the same time Nicholson heard the bang, he also saw Garber’s hand jerk the object beneath his shirt. Nicholson then started firing. After two shots, Nicholson noticed that his gun had malfunctioned and upon inspection, found that his hand had pressed the magazine release button, causing his magazine to fall on the floor. The gunshots caused Garber to slump against the wall, although Nicholson could still not see what he had been holding under his shirt. Deputy Frazier, after shooting stopped, radioed “shots fired.” Lt. Zehner then came in, telling them not to touch anything and instructed Knee to go get the camera. Zehner stated that he would handle radio traffic and photos, and told Nicholson, Knee and Frazier to go downstairs.
Nicholson stated that shortly after the incident, Frazier stated that he thought he had been hit by a bullet. Nicholson was present when Frazier removed his vest to inspect, but no impacts could be found in the area where Frazier thought he felt pressure.
Nicholson stated that during the encounter with Brian Garber, he believed that his life as well as the lives of his fellow deputies had been threated, and that he believed

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that Garber was in possession of a firearm based on the information he had a the time.
March 16, 2014: Deputy Andrew Knee’s statement
Deputy Andrew Knee agreed to voluntarily provide a written statement to BCI and CCPO investigators. Deputy Knee stated that he had responded with Lt. Zehner during the initial Domestic Violence call to 3425 Mill Run Road. He had interviewed both Sara Knowlton and Connie Garber, had observed and photographed Connie Garber’s injuries, and filled out the domestic violence packet that both Sara Knowlton and Connie Garber signed. After completing the packets, Knee and Zehner left towards their station intending to complete the paperwork from the incident. While en route, they received a radio dispatch that Garber was back at the residence with a firearm. Knee recalled that dispatcher had stated that Brian told his wife that “police can do what they want when they get here but I will kill [Sara] when I get out.” After initially responding to 3425 Mill Run Road, Knee and the other deputies met and realized that Garber was across the street at 3400 Mill Run Road, where Garber’s parents lived. The deputies then proceeded to 3400 Mill Run Road.
Knee stated that the deputies proceeded through the open garage door, with Nicholson in the lead. Zehner told Knee to stick with Nicholson, who met Matthew Garber at the interior door. Matthew Garber told the deputies they could find Brian in the upstairs bedroom. Knee stated that Nicholson proceeded up the stairs first, followed by Knee, Zehner, and Frazier. Sgt. Nicholson and Deputy Knee first entered the bedroom where Garber was, and Knee could see that Garber was sitting on the bed with his back on the headboard. Knee recalled Garber talking first, stating “I’ve got a gun.”
Knee then pressed his body against the wall in the hallway against the left side of the doorframe leading into the room, with his firearm pointed at Garber. Nicholson was on his right in the door frame, and Frazier entered the room itself and took up a position directly facing Garber. Knee could see that Garber had a rectangular shaped object pressed against the underside of his shirt, which Knee thought did not look like his fingers. Knee could not see Garbers’ right hand. Knee recalled Nicholson stating words to the effect of “we all have families, it doesn’t need to go down like this.” Knee stated they tried to reason with Garber and get him to show his hands, but he would not. Knee stated that he heard a loud bang, which caused him to believe that a shot had been fired. That caused Knee to fire his weapon. After the incident, Knee inspected his magazine and determined that he fired three rounds. Knee indicated he entered the room to check on Deputy Frazier, who he could not see during the shooting. Deputy Frazier said he felt an impact on his Torso. Knee stated that Frazier then told him to clear the room and go downstairs until BCI could respond. Knee turned his weapon over to BCI investigators.

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March 16, 2014: Deputy Raymond Frazier’s Statement
After having been advised of his rights, Deputy Raymond Frazier agreed to voluntarily provide a written statement and an interview to BCI and CCPO investigators. Like Sgt. Nicholson and Deputy Knee, Deputy Frazier initially responded to 3425 Mill Run Road and participated in the unsuccessful search for Brian Garber. Frazier then left the area and resumed patrol. A short time later, Frazier received the dispatch report indicating that Garber had returned to 3425 Mill Run Road and that Garber’s wife and mother were both indicating he had a gun. When he arrived in the vicinity of 3400 Mill Run Road, Frazier was advised by Lt. Zehner that Garber was on the top of the hill, which Zehner indicated was the residence at 3400 Mill Run Road. Frazier pulled into the driveway and made contact with Nicholson, Zehner,and Knee. Lt. Zehner instructed Knee to fall in behind Nicholson, who went into the garage and spoke with Matthew Garber. Frazier understood from the conversation that Matthew Garber let the deputies in and directed them upstairs to the last bedroom on the left.
Frazier indicated that Nicholson went up the stairs, followed by Knee and himself. Frazier advised Matthew Garber to stay downstairs until they made contact with Brian Garber. Frazier saw Nicholson stop at the doorway to the bedroom where they located Brian Garber. Nicholson entered the room and turned the light on. Frazier approached and could see that Garber was sitting upright on the bed, with his back towards but not touching the headboard of the bed. Frazier stated that as soon as he stepped into the bedroom, Garber made eye contact with him and said “I have a gun.” Frazier then drew his weapon. Frazier could see Garber wearing a dark T-Shirt, jeans, and white socks. Frazier could see Garber was holding a square-shaped object under his shirt that appeared to be the end of a Glock-style handgun. Frazier stated that Garber was told to show his hands and drop his weapon, and that Frazier told him to do so repeatedly. Frazier stated that Garber indicated that he would not drop his weapon and said they were going to have to kill him. Frazier said that Garber used his right hand to push his shirt out and said that he had a gun in there. Frazier could remember Sgt. Nicholson pleading with him to drop his weapon, telling Garber that they all had families and Garber’s family cared about him. Frazier estimated that the encounter lasted a minute or two. Frazier admitted that by entering the room farther than Nicholson or Knee, he placed himself within Garber’s line of fire and was totally exposed if Garber had a weapon.
Frazier stated that he saw Garber bring something out from under his shirt which he thought was a weapon. Frazier stated that as Garber extended his right hand to him, he heard a loud popping sound. Frazier also stated, however, that “I only fired my weapon after I observed Garber start to lift his shirt and presented what appeared to me to be the weapon he said he had.” Frazier explained that he “heard a popping sound which sounded to me like a firearm’s discharge.” Frazier also explained that “[w]hen Garber brought was a weapon from underneath his shirt and the pop went off, I honestly thought I was going to die.” Frazier stated he fired 8-10 rounds and saw Nicholson’s weapon malfunction. Frazier saw Garber slump

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against the wall and then stopped shooting. Lt. Zehner came into the room and ordered them downstairs. Frazier thought something had struck his torso, which he believed might have been a gunshot. Frazier and Sgt. Nicholson inspected Frazier’s vest, and they could find no impacts.
March 16-17 and March 24, 2014: Sara Knowlton’s text message communications about the shooting and subsequent interview
Shortly after the incident, Sara Knowlton began texting numerous people, stating that “the cops shot Brian.” Sara told one person that Brian “aimed the gun at [Connie] and Matt so they ran.” Sara also told another person that Brian “pulled a gun on them. He said he was coming for me.” Sara told yet another person that Brian “has mental issues and aimed a gun at the police in his parent’s house. They shot him.” She also told another person that Brian “was coming” for her. She tells another person that Brian “pulled a gun on the cops.” Within 24 hours of the shooting, Sara also texted Brian’s employer to tell him that Brian was dead. Sara asked Brian’s employer if any money was still owed to Brian.
The next day, however, Sara then texted someone that the police “didn’t even talk to brian. They started shooting right away.” Sara also texted another number that “He has text on his phone about buying pills,” followed by a subsequent text to the same number, “Sent to me.” Sara also texted another number that “[t]he gun was meant for me. He meant to kill me last night.” She also texts yet another person that “The gun was meant for me. He had it hidden upstairs. He told his mom that he was getting rid of me.” She also texted someone that “I guess he hid the gun upstairs to kill me last night.”
On March 24, 2014, Sara gave an interview to BCI investigators. During the interview, Sara minimized the extent of her text message communications about the incident, indicating that she had only sent messages to her best friend, father, and Brian’s employer about the incident. BCI Investigators obtained a search warrant of her cellular telephone account, which revealed that she had sent far more text messages than she indicated during her statement. Knowlton also denied that Brian had strangled her during the initial domestic violence incident. Additionally, investigators asked Knowlton if she had been in any other romantic relationships with other men at the time, which Knowlton denied. Knowlton then paused the interview, and came back in and admitted that if the investigators question included sexual relationships, then she had been in such a relationship with another man at the time of her husband’s death. Finally, investigators asked Knowlton if she had any knowledge of Brian using illegal drugs. Knowlton denied any such knowledge, despite the fact that she texted him before his death asking him to buy four

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hydrocodone pills. Knowlton also sent a text message after Brian Garber’s death expressing concern that his phone had evidence of “buying pills.”3
Autopsy of Brian Garber and Forensic analysis of bullets
Summit County Medical Examiner, Dr. Lisa Kohler performed the autopsy of Brian Garber’s body. She determined that his body showed 14 entrance wounds and six exit wounds. Eight bullets were recovered from Brian Garber’s body. Dr. Kohler indicated that multiple entrance wounds could have been caused by a single bullet exiting then reentering the body. Kohler indicated that Brian Garber had multiple fatal wounds, including a gunshot wounds to the heart, lung, and abdomen. Kohler indicated that it was difficult to obtain a sufficient sample of blood for toxicology screening due to the large amount of blood loss, but that toxicology results showed that Brian Garber had the chemical indicators of marijuana and morphine in his system. Kohler could not determine when Brian Garber had ingested these substances, or whether he was impaired at the time of his death. The toxicology results did not show evidence of any alcohol or klonopin. Kohler indicated, however, that a pharmaceutical dose of klonopin would fall below the threshold necessary to show up on a toxicology screen, and alcohol would not necessarily be present in Brian Garber’s blood if he had died without metabolizing the alcohol that he consumed immediately before dying. Forensic analysis showed that several of the bullets recovered in Garber’s body could be attributed to the handguns of both Knee and Frazier. It was impossible to forensically determine whether any of Nicholson’s shots had penetrated Brian Garber’s body due to the fact that multiple bullets were not recovered.
Legal Analysis of the Deputies Use of Deadly Force
The determination of whether the police used excessive force is governed by a federal constitutional standard set forth by the United States Supreme Court. The Court indicated that all claims that law enforcement officers have used excessive force—deadly or not—in the course of an arrest, investigation stop, or other ‘seizure’ of a free citizen should be analyzed under the Fourth Amendment and its ‘reasonableness’ standard. Graham v. Connor, 490 U.S. 386, 395, 109 S. Ct. 1865, 1871, 104 L.Ed.2d 443 (1989). The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated***. “A Fourth Amendment seizure occurs when there is a governmental termination of freedom of movement through means intentionally applied.” Brower v. County of Inyo, 489 U.S. 593, 596-597, 109 S. Ct. 1378, 103 L.Ed.2d 628 (1989). The police use of deadly force when making an arrest is a seizure under the Fourth Amendment. Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d. 1 (1985). Plumhoff v. Ricdkard, Sup. Ct. No. 12-1117 (May 27, 2014).
3Sara Knowlton’s misleading statements to investigators did not alter the course of the investigation and did not ultimately hinder BCI’s ability to provide a thorough and accurate accounting of the facts and circumstances of Brian Garber’s death.

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However, the police can only use deadly force in making an arrest where the police have probable cause to believe that the suspect poses a threat of death or serious bodily harm to the police or to public. In determining whether each deputy sheriff had probable cause to believe that Brian Garber posed a threat of death or great bodily harm to the police, the required perspective is that of the “reasonable officer on the scene,” standing in the officer’s shoes, perceiving what he then perceived and acting within the limits of his knowledge or information as it then existed. Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 1871, 104 L.Ed.2d. 443 (1989).
What is a “reasonable” belief in light of the officer’s perceptions could also be a mistaken belief, and the fact that it turned out to be mistaken does not detract from its reasonableness when considered within the factual context and compressed time-frame of his decision to act. State v. White, 6th Dist. No. L-10-1194, 2013-Ohio-51, (Ohio Supreme Court jurisdiction granted, May 22, 2013) citing Saucier v. Katz, 533 U.S. 194, 205-206, 121 S.Ct. 2151, 150 L.Ed.2d. 272 (2001); “If an officer reasonably perceived a threat of attack by a suspect, apart from the actual attack, to which the officer may respond preemptively. If his perceptions were objectively reasonable, he incurs no criminal liability even if no weapon was seen, or the suspect was later found to be unarmed, or if what the officer mistook for a weapon was something innocuous.” White at ¶ 65. (Citations omitted).
Courts are generally hesitant to second-guess the decisions made by police officers in the field. Vaughan v. Cox, 343 F.3d 1323, 1331 (11th Cir. 2003). “A court must avoid substituting its personal notions of proper police procedure for the instantaneous decision made by the officer at the scene.” Gammon v. Blakely (Dec. 4, 1997), unreported 8th Dist. No. 72175. This constitutional standard applies to the criminal prosecution of police officers that allegedly used excessive force when arresting a suspect. State v. White, supra; United States v. Reese, 2 F.3d 870 (9th Cir. 1993); State v. Mantelli, 42 P.3d 272, 131 N.M. 692, (N.M. App. 2002). United States v. Brugman, 364 F.3d 613 (5th Cir. 2004) [Border patrol agent sentenced to 27 months imprisonment for beating illegal immigrant after arrest.]
The legal review required is an analysis from all the deputies’ perspectives at the time the split second decision to use deadly force was made. All three deputies had been at 3425 Mill Run Road approximately 45 minutes before the shooting. At the initial domestic violence incident, all three deputies learned that Brian Garber had recently kicked in the back door to his house, struck his mother, Connie Garber, with enough force to leave a large red mark on her chest. The deputies also learned that Brian Garber had pushed and strangled his wife, Sara Knowlton. Based on this incident, the deputies knew that Brian Garber was not only prone to violence, but was also likely to be under the influence of a drug that made him, in Sara Knowlton’s description, “mean.”
When dispatchers communicated with the deputies to return to Mill Run Road approximately 30 minutes later, the information given to them at that point was that Brian Garber had shown a gun to his parents and had texted his wife (Sara Knowlton) that he had a gun. Garber was texting that if he went to jail when he got out he would kill his wife.

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Deputies also had their prior knowledge that they obtained during the initial Domestic Violence call about Brian Garber’s violent behavior.
At that point before they even encountered Brian Garber in his bedroom, all of the deputies on scene had an objectively reasonable belief that they were about to encounter a violent individual who was likely high on drugs, who had previously assaulted his mother and wife, and who now had armed himself with a gun. These undisputed facts formed the basis for the deputies’ belief that they were about to encounter an armed suspect at 3400 Mill Run Road. Once they arrived at 3400 Mill Run Road (Connie and Matt Garber’s home), Matthew Garber met the officers at the door and led them to the stairs leading to where they could find his son.
The deputies approached the room single file with Sgt. Nicholson in the lead, followed by Deputies Frazier and Knee. Lieutenant Zehner stopped at the landing of the stairs. Lexington Police Captain Weaver and Lexington Patrol Officer Beasley were at the bottom of the stairs during the incident.
As Sgt. Nicholson approached the room, the lights were off and he could see Brian Garber sitting upright on the bed in front of the headboard. All three deputies described Brian Garber as agitated. Sgt. Nicholson described Brian Garber’s eyes being “as wide as saucers.” After turning on the light, Sgt. Nicholson asked Brian to show his hands. At that point, Sgt. Nicholson took position to the right of the doorway with Deputy Knee on the left side of the doorway. Deputy Frazier stepped past both Sgt. Nicholson and Deputy Knee and took a position inside the room directly facing Brian Garber.
Brian Garber immediately stated he had a gun and all three deputies saw a rectangular-shaped object under his shirt. Brian Garber then made movements with the object, which all three deputies believed to have been a Glock-style handgun due to the size and shape of the object. Sgt. Nicholson asked Brian Garber to show his hands multiple times and Brian Garber’s response each time was “no.” Sgt. Nicholson pleaded with Brian Garber telling him “don’t do this, we all have families here”, and stated that “we are here to help” and would take him to the hospital.
Brian Garber’s response was to say “fuck them,” to keep his hands hidden from view, and kept pointing the object at the deputies. Brian Garber then stated “no one can help” and said “shoot me”, “kill me.” Sergeant Nicholson said that isn’t going to happen and again asked Brian Garber to drop what the deputies believed was a gun.
Captain Troy Weaver of the Lexington Police Department was at the bottom of the stairs and heard a voice he believed was Sgt. Nicholson say “we’ve all got families don’t do it.” Additionally, Officer Michael Beasley of the Lexington Police Department also heard the deputies attempting to talk Garber into surrendering and heard “you don’t have to do this” and “we’ve all got families.” Richland County Sheriff’s Lieutenant Donald Zehner also heard commands of his deputies to “put down the gun” multiple times. The interaction between Brian Garber and deputies lasted approximately 95 seconds. Dispatch records demonstrate that Lt. Zehner requested to hold radio traffic at 20:22:20 (or 8:22:22 p.m.)

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due to the ongoing emergency. Then, at 20:23:55 (or 8:23:55 p.m.), Lt. Zehner reported shots fired.
A subsequent search of the bedroom by BCI indicated that Brian Garber was not armed, but had a remote control to a toy car which was found next to his body. Photographs taken immediately after the incident show the remote control unit on the bed. BCI Investigators compared the shape of the remote control found next to Garber’s body that to a real glock handgun. When both objects were observed underneath the outline of clothing, the remote control and the handgun appeared to be nearly identical. The rectangular shape of the remote is what all the deputies referenced seeing before firing their guns.
During their encounter with Brian Garber, all three deputies had objective facts that would lead any reasonable person to believe that Brian Garber had a gun and intended to use it. Deputy Frazier and Sgt. Nicholson observed Brian Garber make a sudden movement with the object he was holding. At, the same time, they stated they heard a loud bang, which Sgt. Nicholson believed had come from Brian Garber’s direction. At that point, all three deputies returned fire, killing Brian Garber. All three deputies believed Garber had shot at them. It is absolutely clear that the deputies who discharged their weapons had sufficient facts, especially when looking at the totality of the events, to form a reasonable and objective belief that Brian Garber had a gun which he intended to use, and that their lives were in danger.
Based upon the evidence uncovered during the investigation, there is also a reasonable possibility that Deputy Frazier fired his gun first in response to a sudden movement by Brian Garber with the object hidden under his shirt. Deputy Frazier unwisely put himself directly in the in the line of fire with no tactical cover. In his statement, he described seeing Brian Garber’s sudden movement at the same time he heard the loud bang. Since subsequent investigation revealed that Garber had no real weapon (and could not have fired a shot at the officers) the loud bang can only reasonably be explained by one of the officers firing in response to Brian Garber’s sudden movement. BCI Investigators examined Brian Garber’s iPhone, and could find no audio files which would account for the loud bang that the deputies described. DNA and fingerprint analysis of the remote control was inconclusive, but did not rule out Brian Garber having handled the object. Nevertheless, the State believes that Frazier’s discharge of his weapon was objectively reasonable because he perceived an imminent threat to his life and the lives of his fellow officer when Brian Garber made a sudden movement with an object that Frazier thought was a gun.
Brian Garber’s statements and actions prior to the encounter with the deputies, as well as his refusal to follow the police commands to show his hands and his brandishing of an object that he claimed was a gun, demonstrate a significant likelihood that Brian Garber intended to provoke the deputies’ use of deadly force.
Matthew Garber’s initial statement after the shooting also sheds light on his son’s actions and corroborates the deputies’ reasonable belief that Brian Garber had a gun.

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Matthew Garber was convinced that his son was not poking a finger under his shirt. Even to Matthew Garber’s untrained eye, the rectangular object that both he and the deputies saw underneath Brian Garber’s shirt looked like the outline of a gun.
With the benefit of hindsight, it is possible that this incident could have been handled differently. Nevertheless, the law provides a clear standard to analyze police officers’ use of deadly force (… “a reasonable officer on the scene, standing in the officer’s shoes, perceiving what he perceived and acting within the limits of his knowledge or information as it then existed”). Evidence firmly demonstrates that these deputies had an objectively reasonable belief, based on facts known to them at that time, that Brian Garber had a gun and was an imminent threat to the lives of each deputy.
Therefore, it is the opinion of the State that the March 16, 2014 shooting of Brian Garber by Sgt. James Nicholson, Deputy Andrew Knee, and Deputy Raymond Frazier was justified and that no criminal liability exists regarding the three officers role in the death of Brian Garber. This tragic incident was unfortunate and the State is sensitive to its impact on the Garber family. Nevertheless, a critical examination of the facts and circumstances leading to Brian Garber’s death reveals that the deputies who responded to 3400 Mill Run Road on March 16, 2014 acted within the bounds of the law.

Respectfully submitted,

Timothy J. McGinty Cuyahoga County Prosecuting Attorney

Matthew E. Meyer Assistant Prosecuting Attorney

JamesA. Gutierrez Assistant Prosecuting Attorney

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