This is not so much surely about reasoning for why Brian Garber was shot as much as covering up one certain Deputy that has a HISTORY of violence and abuse of power. Surely IF there is something to hide its the records our fair Sheriff said the copy machine knew should be left out?
Drew Tyler, IF you are still watching…Now that’s ROTFLMAO! – AGAIN and AGAIN!!!!
Kaitlin Durbin, firstname.lastname@example.org:45 p.m. EST February 17, 2015
MANSFIELD – The investigation into the deputy-involved shooting of Lexington resident Brian Garber left many lingering questions, but the hard reality is, answers aren’t likely to come, according to the two prosecutors who presented the case to the grand jury.
The law simply doesn’t support full disclosure, Cuyahoga County Assistant Prosecutors Matthew Meyer and James Gutierrez said during a meeting in front of Richland County Common Pleas Judge James DeWeese on Tuesday.
“Not to the degree (the public) wants answered,” Meyer said. “The law is not prepared to allow for it.”
Questions linger even for prosecutors, they said.
“We have the same questions in our mind,” Gutierrez said. “We didn’t get all the answers we would have liked to have gotten.”
The News Journal requested the meeting after filing several records requests for grand jury testimony to be released.
Early in the meeting, Meyer and Gutierrez stressed the prosecutor office’s sole responsibility is to investigate criminal behavior, not to critique job performance. By law, they’re not able to scrutinize policy or tactics the way a law enforcement expert did in a December News Journal story.
For example, 20-year law enforcement analyst Tim Dimoff criticized deputies for rushing into the room of a self-proclaimed armed man and placing themselves at more risk than necessary.
But Meyer and Gutierrez said their objective is to examine only whether deputies were justified in firing their weapons based on a perceived threat of harm to themselves or other officers — a high standard, they said — and present the evidence to grand jury.
“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’),” the office wrote in its November report.
This does not mean they agree with the deputies’ decisions, they said.
“We’re not saying it’s good police work,” Meyer said. “We’re not saying they did everything right, but under the legal standard, we don’t have enough to charge them criminally.”
Gutierrez added: “In our view this is a tragedy that shouldn’t have occurred.”
Meyers said they, too, noticed some “gaps” in the statements sheriff’s Sgt. James Nicholson and Deputies Jeff Frazier and Andrew Knee provided, but he could not elaborate on whether some of those holes were filled as a part of the grand jury questioning. He also couldn’t comment on who agreed to testify in front of the grand jury.
Officers also do not have to divulge whether they testified or what they said, Meyer said.
“We can’t force anyone to cooperate with the government. Everyone has the right to invoke their Fifth Amendment,” Meyer said. “Officers want to be treated like everyone else would be treated when they’re accused of a crime.”
Ultimately, it is the grand jury’s responsibility to consider the evidence and determine whether or not deputy actions warranted criminal charges. In the case of Garber, the panel of local citizens determined deputies acted reasonably under the circumstances.
Cuyahoga County prosecutors announced the no-bill Nov. 21.
Gutierrez said the grand jury was “very engaged.” It was a difficult and emotional case for all involved, he said.
“They asked a lot of questions, and I think they did their job,” Gutierrez said.
“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,” the prosecutor’s report said.
It’s not unusual Cuyahoga prosecutors would deny the News Journal’s request to reveal grand jury information. Historically, all grand jury proceedings are secret.
Not only is secrecy laid out in the Bill of Rights, as a way to protect people from each other and from the government, but several legal cases have reinforced the constitutional pillars.
The handful of national cases where grand jury materials were released — in Ferguson, Missouri, for example — are the exception to the rule, but those states also have less stringent laws than Ohio, prosecutors explained.
As outlined in Ohio Criminal Rule 6(E), there are only three exceptions for violating the gag order and releasing grand jury information: 1. If requested by the prosecuting attorney for use in the performance of his duties; 2. In connection with a judicial proceeding; 3. Upon the defendant’s showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury.
None of those exceptions applied to the News Journal’s request.
Additionally, in Ferguson, Prosecutor Robert McCulloch notified grand jurors and witnesses ahead of time that proceedings would be partially released to the public. During the Garber review, prosecutors said they promised witnesses and jurors their participation would remain secret.
Prosecutors said Tuesday they weren’t willing to violate that promise.
“I can’t justify not following Ohio law in this case,” Meyer said.
On occasion, secret grand jury records have been released to the public in high-profile cases. Authorities have made it clear that will not happen in the Brian Garber case. http://ohne.ws/1vDE0bK
John Ritchey If they have nothing to hide, there is no reason not to share the info with the public.
Jason Walters Why not,
Daniel Litt That’s what cops say when you ask why to THEIR questions.
Patricia Weaver Rotten to the core!!
Jessica Adkins They have everything to hide…
Gee, no wonder no one was charged! They knew the protocol was wrong… they knew everything was WRONG! Even with not allowing that part to be judged, I bet those “jurors” knew in their hearts they were letting a murderer go.
Angel Dawn Arter “Rotten to the Core 3” coming soon.
Annette Roberts I thought it was always “public record” and anyone had the right to see this. But, doesn’t apply to this young mans case? Hmmm
Brenda Plueddemann Laser This whole case doesn’t add up!
Daniel Litt Think about this. Recently the community was divided over the legality of DUI checkpoints. Many people said if you got nothing to hide then why worry. Well, I think that applies to this as well.
Phil Sydnor That’s ok, all we need to know is here! –://www.mansfieldersperspective.com/BrianGarber_NOJUSTICE…
MANSFIELDERSPERSPECTIVE.COM|BY PHIL SYDNOR
Pam Williams After reading these comments…maybe someone should contact Martin Yant?
Phil Sydnor Martin Yant knows and more than likely behind the cover up. He assisted Connie to no avail. Just so you know, rotten to the core lives!