Calling this a money grab not knowing what’s been covered up will be their downfall. If Ms.Knowlton was guilty of anything don’t you think they would have charged her by now? Appears some of these morons posting on the MNJ had better recant their CONspiracy theories of their own? Surely the VULTURES “Attorney’s” are watching the attack and hoping someone has made a copy.
Yep, done deal!!! – Gotcha – now, who’s ROTFLMAO?
Kaitlin Durbin, firstname.lastname@example.org 8:32 p.m. EST January 30, 2015
MANSFIELD – A wrongful death lawsuit filed Friday in the officer-involved shooting of Brian Garber alleges sheriff’s deputies were untrained and unsupervised.
The 19-page lawsuit, filed by Garber’s wife, Sara Knowlton, names the county, Richland County Board of Commissioners, the Richland County Sheriff’s Office, Sheriff Steve Sheldon and deputies Jeff Frazier, James Nicholson, Andrew Knee and Donald Zehner.
Following the chain of command, the lawsuit states the county’s officials were negligent in their duty to train officers in use of deadly force, to supervise them and to reprimand them when policies are not followed.
Negligence on all accounts led to Garber’s death March 16, 2014, the lawsuit alleges.
“It is the custom and practice of Richland County that supervisors do not supervise, coordinate or direct deputy/officer pursuits when they or their subordinates perceive some risk to one of their own,” the lawsuit said. “As a result, … deputies are granted unfettered discretion to pursue and subdue people they perceive as threats.
“This lack of communication, command, control, coordination and supervision makes foreseeable excessive and unreasonable use of deadly force by deputies.”
Upon requesting comments from the sheriff’s office, the News Journal was instructed to contact the office’s attorney, Dan Downey. Downey could not be reached for comment Friday evening.
Three of the deputies — Frazier, Nicholson and Knee — were directly involved in the shooting, according to a review by the state Bureau of Criminal Investigation and Cuyahoga County Prosecutor’s Office.
They were cleared of criminal charges by a grand jury in November, following an eight-month investigation.
But Friday’s civil rights lawsuit challenges their actions and the actions, or lack thereof, of Sheldon, commissioners and the county as a whole in preventing deaths like Garber’s.
Frazier, Nicholson and Knee “acted unreasonably, negligently, recklessly, wantonly, willfully, knowingly, intentionally, and with deliberate indifference to the safety and rights of Mr. Garber” when they, “without permission” entered his parents’ home and engaged him on his childhood bed.
Garber told deputies he had a gun and threatened to use it against them.
Previous News Journal articles have examined whether deputies followed established procedure when confronting Garber.
The lawsuit alludes to similar questions.
“In the seconds between when (deputies) entered the home, and when Mr. Garber was killed, no efforts were made to de-escalate the situation,” the lawsuit said. “(Deputies) had ample opportunity to safely initiate their encounter with Mr. Garber from a safe distance, but instead chose to immediately enter Mr. Garber’s room and engage him without regard for proper procedural protocol.”
The entire incident, from entering the home to the call for an ambulance, lasted 95 seconds.
Frazier fired his gun first, a fact supported by the Cuyahoga County Prosecutor’s Office’s review, reportedly in reaction to Garber’s threatening movements. Those movements are contradictory to the statements of Knee and Nicholson.
Deputies “recklessly” fired on Garber, striking him 14 times, the lawsuit said. Garber experienced “pre-death agony and conscious pain and suffering” as a result.
“His body was riddled with bullet holes from his shoulders all the way down to the soles of his feet,” the lawsuit said.
Though Lt. Zehner was not directly involved in the shooting, the lawsuit alleges he was negligent in supervising trainee Knee. Specifically, he is accused of waiting in the stairwell while Knee confronted and shot Garber.
As sheriff, Sheldon is responsible for the actions of his deputies. And, by association as governing bodies, the commissioners and county are also responsible, according to the lawsuit.
All acted with “deliberate indifference” to their duties, the lawsuit said.
The county and Sheldon also were accused of hiring deputies who were not recommended, and for keeping on staff deputies who had been investigated for excessive use of force in the past.
The office was advised against hiring Frazier in 2001 following a psychological evaluation, which said he was at high risk for performance difficulty and termination. As a result, his probationary period was extended, but he was added to the payroll.
Since joining staff in 2001, he’s been placed on paid administrative leave four times, including one incident alleging excessive use of force. He was cleared to return to duty after each leave.
A psychologist assessment of Nicholson in 1998 determined he showed the same risks as Frazier, and recommended him for hire “conditionally and with reservations.”
No hiring restrictions were included for Knee or Zehner.
Knowlton filed the lawsuit to “secure fair compensation,” for herself and their two children, Hollie and Nicholas, and to encourage those involved “to refrain from the unnecessary use of deadly force against civilians in the future,” the lawsuit said.
The lawsuit requests a jury trial, which will determine the amount of compensatory and punitive damages owed the family, the lawsuit said. They’re also seeking prejudgment interest and attorney fees.
BREAKING: Sara Knowlton, widow of Brian Garber, has filed a wrongful death suit. http://ohne.ws/1wK3vHI
Brian Garber’s wife filed a wrongful death lawsuit against the sheriff’s office Friday.
Robin Fraley Caudill UNBELIEVABLE
Jean Arnold Wentz There was nothing wrongful
Ashley Ashley He would have killed her… The police did what they needed to do.
Kimberly Johnson She sees $$$$$$$$$
Gabrielle Carr Wow unbelievable the police did what they needed to do!! The mother and Sara story contradicted their selves and each other SO much!!! Only one who keeps hurting themselves is the family to continue to keep bringing it up.
Sadie VanDyne Of course she is. Why not get rich since she doesn’t have her husband to abuse and try to kill her anymore. Wow now that’s how you show your thanks for having your life saved.
Robin Fraley Caudill I would suggest everyone read the grand jury record. Interesting stuff. Especially the text messages.
Gabrielle Carr I read the WHOLE thing and I always thought the cops were right but after reading that I def stood by there side no matter what!!!
Robin Fraley Caudill Those text messages!! Why has she not been prosecuted?
Kristy McKown Where do you find those at?
Robin Fraley Caudill I had someone email them to me. Let me check
Gabrielle Carr Agreed!!!!
Megan Raphael Sweet Wow!!
Jeannie Johnson Oh man!! I couldn’t open this link but I read a different one. Wow
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Gabrielle Carr I’m glad others think the same I thought I was the only one who believed that they were right for doing it! So the cops supposed to just assume something under a person shirt that looks like a gun isn’t a gun and risk THEIR lives!!! Nope no way I’m not risking my life if I get a frightening call from the mother and wife/gf with a possible gun then something under a shirt looks like a gun im NOT just going to stand there I will take action esp if he is not complying!!!!!!! Like many many many other cases if people listened and complied with the officer no one will get hurt!!! Ugh aggravates me
Mike Monroe Real fine character here. She seemed excited to let her friend know that he had been shot. Drug deals through text messages. Admitting Food stamp fraud through text. She called his boss to ask for jlhis last check before one say was up!
Robin Fraley Caudill She sent numerous text messages that night to her friends stating that the gun was for her. he had been hiding it in the house. Very “upset” wife!
Mike Monroe Read for yourselves
Ashley Elizabeth Where can you find the txt messages at?
Carole Johnson that doesn’t surprise me.
Robin Fraley Caudill They are in the report.
Megan Raphael Sweet I think this family needs counseling more than a wrongful death lawsuit.
April Bragg OK this women is apparently mental.. I would love to be on a jury for this one.. not that any attorney would allow a laughing person to sit on a jury.
Teresa Bowman She the one or his mom and were scared for their lives. So r u kidding me. So its all about money$$$$$$$ RIGHT!
Teresa Bowman Let me be on jury!
Robin Fraley Caudill I would love to be on the jury as well! There are children with her!! I hope Children’s Services gets involved
Laura Lyall Mason From the reports it seems Children’s Services has been involved with them for years! Too bad they don’t do anything about it!
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Mike Monroe And the food stamp fraud admittance is public record now so why has the state not reached out to her and her friend she was getting the card from and prosecuted. So tired of working my life away along with my wife and leaches on the system making out with tax payer dollars from these programs.
Laura Lyall Mason I noticed that too. She needs investigated!
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Jeannie Johnson Oh this was a stupid move
Rolana L. Smith Good luck.. from what I heard.. he beat the crap out of her and verbally abused her and his on mother. . People want to sue for everything anymore. She sees dollar signs. . . No amount a money is worth a human life.. period..
Diane Day Thanks all she is doing costing tax payers money because we as tax payers pay for ever one lawyers money hungry all they are
Nancy Griffith amen to that one!!
Mike Monroe She is already getting SS for the kids until they are 18, and I believe as long as she doesn’t marry she gets it as well until the kids are 18. Prolly sits at home and gets 2500-3500 just for waking up. Wow! More to buy her some Vicodin for her back pains…….
Mike Monroe If she is not getting SS then it’s only cause she is unaware, she was all about the money in her texts with him that day….
Mike Monroe Each child will get it until 18 or graduating, she gets it for the duration of caring for the kids because they are married. I got survivors benefits for a child it was just under 800 for her alone. There’s also a value for free health care and probably some food assistance as well. Thanks for thinking I hadn’t educated myself, Megan.
Gabrielle Carr Agreed!!!! Dirty selling her foodstamps that was to help her!! Makes me SO ticked off when people do that and then get away with it!!! Not only that when people try to screw the system even more like she is doing now to get More money!!! Go get a freaking job!!!!
Freda Boyce I know she will get something for the kids till they are 18 as far as widow benefits they had to be married more then 5 yrs and I can’t get mine till age 60. Either way this lawsuit is crazy The father told them he was upstairs that is giving them permission to enter.They called and said he had a gun.
Mike Monroe I’m not sure you are right. If you are married and are the primary caregiver I’m not sure you have the same stipulations??? Maybe your right.
Erma Lawhorn She would only be getting SS if he had enough work time in..It didnt sound like he had held to many good jobs..
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Megan Raphael Sweet No, there is a maximum allowed amount that gets divided up among the surviving children. And it’s not living large. Check again.
Laura Lyall Mason Like she needs any more money? She’s getting survivors benefits and probably has a few boyfriends still hanging around to help her out. She’s disgusting! It’s sad to think she is raising those kids.
Becky Tridico Then she, nor her mil should have called the cops to save their scrawny necks. He could still be alive and abusing them and drugs and the system.
Gabrielle Carr I hope it all fails and doesn’t go her way one bit!
Freda Boyce Must be getting low on drug money to buy her pills.
Klara Kovacs King Yeah I’m surprised she waited this long but the public outrage at how everything played out just gave her that much more ammo… She called for help it all went wrong somehow she needs to take what she’s getting now and stfu! I’m pretty sure she will be shocked at how ppl feel! I dnt know anything about pills but at least she will have the extra money to bail herself out.,, hope it ALL goes wrong
Gabrielle Carr I feel like she figured the city would have her back but looks like they’re not and I thank the community for that!!
Klara Kovacs King Hope she reads this!!!’
Diane Schroer I believe the police acted rashly by immediately going into a room where there were no hostages and things had already de-escalated. I’ve heard there were no physical injuries to anyone of course except Brian. An expert has already said it was an unwise move on the part of the deputy. You’re supposed to let them have a chance to come out.
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Diane Schroer Some people probably don’t comply because when they do comply the police may start beating them anyways. I’ve seen plenty of police brutality on videos. I saw a video this week where police pulled out a gun and asked a guy to get down and as he’s getting down he told the police he was scared of them. Another man nearby had no weapon also and was too afraid to move and cried out over and over for God’s help. Of course more policeman pull up with guns drawn. What about the schizophrenic man beaten so you couldn’t even recognize him and he died. No charges whatsoever. I’m not anti police but I am anti police brutality. I’m seeing no checks and balances in the system. And sometimes if a perpetrator shows his hands the police shoot him anyways thinking he s going for a gun. The police seem to be turning into a swat team. Devoid of investigating even when there’s gobs of time .
Jeannie Johnson So did you read the BCI report Diane Schroer?
Robin Fraley Caudill There are pictures of the marks on the mother!
Jeannie Johnson I listened to whole thing on the scanner while it was happening. They pretty much left the cops no choice,other than what,as far they knew (from ppl actually there) they had to do.
Kay Duncan A woman or man does not get survirors widow s s till there 60 yrs old and married at least 10 years the children recieves whatever amount depending on what that person earned that amount is devided between the kids till there 18 or graduate so get your facts right where did you come with 2500 to 3500 dollars a month
Robin Fraley Caudill Not true. I know several people in their 20’s that are getting death benefits
Kay Duncan I know people who are not they only getting it for the kids maybe they should get a lawyer to do something my mom died when i was young she was a RN nurse and my dad worked she was 4 months from qualifing my dad for benefies for us kids and we did NOT get food stamps medical or any other assistance only insurance at where he worked they sure have changed things everybody talking about the money i feel bad for the kids the guy that died and the police dealing with what happened it s sad
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Robin Fraley Caudill Get your facts straight. He said probably 2500-3500.
April Bragg I wonder after reading some of that.. If Sarah didn’t take his meds. and he was going through withdraws from his own prescription… why she isn’t being charged with something.. To me that would make her responsible for his death!!! And she wants to sue HAHA I say we hold a pro police protest in front of her home!!
Robin Fraley Caudill This is clearly just for the money. I am pretty sure that she called her boyfriend to come and get her that night. Calling Brian’s boss for his last check the next day!! Her only interest is money
Sandy Garrison Sounds like his family are the ones who signed his death warrant and now want to back peddle. One of those things you wish you could have a do over but cannot
Kayla Randle ^^^^^ I agree…
Deb Miller I guess the point is there will be a law suit and we are all possibly going to pay. How many are willing to do this rather you felt the police were in the wrong or right?
Robin Fraley Caudill I feel that she should get nothing! I am tired of people like her living off of the system. Get a job and support yourself. The death benefits that she will get will more than likely go for drugs!
Phil Sydnor Yes, please do read the timeline and the text messages, ALL of which contradict what these Deputy’s say and or have said. The stories out of the RCSO has changed so many times its not funny. I explain here, maybe you should take a look, quite tired of repeating much of what the public don’t know. Especially those few keyboard warriors here who have depicted this man deserved to die? All you need to know to see there was a rush to judgment. First off we need to ask WHY their camp put it out that the only Deputy who wasn’t up there was the one who emptied his clip to protect loose cannon MURDERER Raymond Frazier. Yes, why did THEY hide this FACT from the public, and especially the Mansfielders Perspective on facebook? Has a cross on his forearm while his friends can’t wait for Jesus on a Unicorn? Mansfield is one sick ass town, and the people commenting PROVE IT! Lets all clap for the suicide Prosecutor, he worked for the County as well, called executive session with Commissioners and the dumb asses of Mansfield say uh huh – are you people REALLY THIS FREAKING STUPID????