Prosecutors file 13 subpoenas in Brian Garber shooting
Kaitlin Durbin, email@example.com:54 p.m. EST November 4, 2014
MANSFIELD – The Cuyahoga County Prosecutor’s Office recently filed 13 subpoenas to meet with several of the key players in the investigation of the deputy-involved shooting of local man Brian Garber.
Garber, 28, was shot and killed by an unidentified Richland County Sheriff’s deputy around 8:30 p.m. March 16, after his wife called 911 saying he had sent her text messages threatening that he had a gun.
The prosecutor’s office has been reviewing the incident and investigative materials collected by the state Bureau of Criminal Investigation since late Prosecutor James Mayer Jr. turned over the investigation in early September.
They’ll determine whether to take the case before a local grand jury, which is currently in session.
All of the main witnesses in the shooting investigation are being subpoenaed, according to information filed with the Richland County Clerk of Courts.
That list includes Garber’s parents, Connie and Matt Garber; wife, Sara Knowlton; Richland County Sheriff employees Lt. Donald Zehner, Sgt. James Nicholson, Deputy Jeff Frazier, Deputy Andrew Knee and Deputy James Berry; and BCI lead investigator Cory Momchilov.
Bellville Police Department Officer Jason Hutchinson also was subpoenaed. Hutchinson was the first officer to arrive at Brian’s parents’ home at 3400 Mill Run Road on the night he was shot. Garber was in the upstairs bedroom that had been his in high school when deputies confronted him.
Lexington Police Department Capt. Troy Weaver and officer Michael Beasley also were issued subpoenas. Lexington police were among those agencies responding to Mill Run Road after calls to county dispatch reported Garber had a gun.
A final subpoena was sent to Charles (Jason) Clarke. His connection to the incident is not clear.
If Cuyahoga County prosecutors seek criminal charges, the case will come back to a local grand jury for review for possible indictment, said Joe Frolik, director of communications.
The sheriff’s office has not been able to comment on the case since they asked BCI to handle the investigation. Deputies are being questioned about what happened in that upstairs bedroom that led them to fire at least 16 bullets.
Garber’s family has professed his innocence from the beginning and say they expect to see criminal charges come from the case.
What they are saying online
my prayers go out to the family and i hope those dirty police rot and you get justice and im very sorry for your loss of a young man
I hope the cops and Judges that was inthis get what is coimg to them, the man was unarmed. This is not the frist time this happen this year. There has been many more shotings from cops for no reason. This needs to stop.
Praying for justice! And Gods peace for the family!
Fred Levins · Top Commenter
It is noteworthy and commendable that Kaitlin Durbin continues to keep a close watch on developments in this case.
Along with Mike Monroe, I find the pace of the pertinent work in Cuyahoga County to be glacial. On the other hand, this case is probably not the only the only thing on their plate and it is out-of-county work, which is something of an unexpected burden for which the prosecutor’s office plausibly could not have planned to address.
Finally! Let’s hope justice is served for closure.
Comments on MNJ Facebook account
NONE – They were removed, hmmmm? They were commenting yesterday, wonder where they had gone?
Comments on facebooks MP group
Phil Sydnor Great job Kaitlin Quinn Durbin staying on top of this! I just heard news of this earlier in the day and applaud your getting this news out before any of us rookies
I know most of us here want indictments, it’s time our community comes together on this situation. With the lies coming out of the Sheriffs Office on this I will be shocked if no indictments are handed down based on the truth we know shared by this awesome reporter!
Phil Sydnor Thank you too Pam for posting here!
Kaitlin Quinn Durbin I’m thankful for all the tips you guys call in. I check every one of them!
Tyger Parent Yeah, I heard you got a big tip in these today..
Tyger Parent Great job Caitlin..
Chad Walters This is awesome. I hope it goes all the way. Not to sound too cliché, but I would really like to see justice for Brian.
Tyger Parent Yes, Brian deserves justice..
I’m sure the ones involved are freaking out, I’ll be surprised if any of them don’t take some vacation time.
Randy Shepherd Subpeonas now that is better than summons? That I can believe well sorta maybe. Not real sure How Cuyahoga county got involved? I still question that?
Phil Sydnor Yes, I too question where our Prosecutor in writing like the law requires said he had a conflict of interest, and where our Attorney General selected a special prosecutor for this issue just the same, in writing. Where are these records that make the process official???
Dan Litt I don’t normally speak here. I’ve used this forum as an information guide on who’s who and what’s what in Mansfield. I’ve found the truth resides in very few places these days but it seems like it has found purchase here with the exception of a few rabble rousers. That being said I’ve been keeping close track of the Garber boys murder. More than anything about the law that Mr. Shepherd shares or the corrupt officials that Mr. Sydnor expose(s, d) is the almost complete lack of caring into this matter by the regular citizens.
Be it on this forum, The MNJ page, or real life conversations it seems the only ones who are talking and caring about this issue outside of The Garber family are the people on this site. Even on the MNJ page it’s you people who do a vast majority of the discussion. If the regular joes of Mansfield would open their eyes and realize a small group of around a dozen has kept this case open and in the eyes of those who can do something about it. Just imagine where this case would be right now if thousands would stand also.
I’m beginning to think that even beyond a corrupt and lawless city is a group of selfish, uncaring people who cry for change but refuse to stand up and achieve it.
I’m going to receive a shit storm for saying this but I’m going to anyways. have only been around a couple of years and was even removed for a short time for inactivity I think. But where was Connie Garber before her son was murdered? Don’t get me wrong. I am not attacking her. I applaud her standing up and being vocal about this but where was she before? (If she was active before he was killed then I truly apologize but I personally haven’t seen evidence of that). If we all wait until we’re screwed by their dirty politics or we or our loved ones are murdered by their out of control enforcers then nothing will ever change.
I guess my point to this is in the time I’ve been following this group I don’t know that I’ve seen anyone come here that hasn’t been screwed with already. I don’t recall seeing one person who is here solely to end the corruption they see around them. This war will never be won if the people wait to become victims before joining the battle.
Randy Shepherd So if James Mayer had a conflict of interest?? Does Bambi Share that very same conflict?? I am not certain due process has ever been reached in this fiasco.
Here is the biggest fear for the community. Let’s suppose there is no record of due process. So we go through the Grand Jury process a lot of hype and circumstance on the publics dime and time. Two years down the road the guilty says hey this judgment is void becasue due process was never served? Regardless of what the jury says or the lawyers say or the judge says. A void judgment is void and with no effect from its inception.
Phil Sydnor Dan Litt, long time you have been silent. Good to seen you’re not in attack mode and are now seeing the larger picture. Yes, we have taken this to their doorsteps, now ever have been told an old man once said we bring 95% of our troubles to our own, does this video constitute what’s to come? –https://www.youtube.com/watch?v=dN2jlNNfKIU
Dan Litt When you confront evil you are indeed inviting trouble. That doesn’t make it wrong.
Randy Shepherd Dan. My quest began in 1991. Yes I was directly involved and or drug into this sham in 91. My understanding of this sham goes well beyond my personal plight and as such has effected many good people over the time I have spent.
The job is not done nor will it ever be done. Ihave dedicated much more time and effort to understanding how this effects the entire community and I chose to be active in seeing it exposed and justice served. I have been plugging away nearly every day for someone while always pursuing my justice for my children.
It is awareness and enlighenment that I bring to the table. Not from a guess or someone said. But from study and experience in thie County. we are makeing progress, welcome aboard.
Randy Shepherd I will stay on this. If people want change in County administration of justice, They need to confront the head of county administration. Forget the Magistrates are judges casue they are not. Forget that every person hired by county to administer any county function is not accountable to the heads of county administration.
Oh and Les I forget default judgment is a ministerail (administration) duty of the court.
Randy Shepherd If not me and not now? Who and when?
Phil Sydnor Dan, you sure changed your tune some what, do you remember when you were calling this group a bunch of conspiracy nuts? I responded and this is what you said, maybe you have been watching and learned your first impression was incorrect analysis? – “Dan Litt someones got to keep an eye on you Phillip. Just know, as I’m sure you do, that we’re watching you. I don’t think you’ll be hearing from ‘Dan’ again.”
Randy Shepherd Some time ya just gotta say bring it on bitch, let’s dance. Put on your red shoes and dance the blues.
Phil Sydnor Funny thing hearing from you again, maybe you don’t realize I keep better records than the clerk of courts – lol!
Randy Shepherd we to have evloved, so lets not critique just as of yet. Enlightenmant works on very piculiar ways.
Randy Shepherd Lets hear him out? Doing is tuffer than saying. he has sadio now lets see what he is willing to do?
Dan Litt I’m not exactly sure what you can do on Facebook other than talk. So I’m a little lost on the willing to do part. Unless you mean meet and greets and Christmas cards. And my answer to that would be no. I have a real life. A real job. A real family. I understand how politics in this town work and I’m not going to put myself out there like you guys. I also know how people in general tend to be psychos so that’s another reason I say no to joining your ‘met in person’ club.
As to what was said in the past. I’ll neither confirm or deny I know anything about that. I’ll let you decide for yourselves and I’ll quietly slip back into randomness and enjoy your page. Regardless of what was said our what is thought, I truly enjoy your page and what it is doing. Have a good one. You probably won’t be hearing from ‘Dan’ again. Lol.
Anthony McKean kind of freaky if ya ask me i remember his attacks too
Randy Shepherd I can appreciate that view point to a degree. You say. you know how politics works in this town. we are out to change how politicians do not work in this town. so we have common ground a little bit.
Even though youknow your family is at risk from the politicians in this town you still remain oin that side of the picture? That is where I have some concern.
As far as what you can od to help resolve the problems your family faces and or will face. what do you believe is the problem?? Where is the proper fix? What are you willing to do to achieve that end? I heard the part about real life and real job and cluck cluck. I can say me to. why even interject that into an otherwise meainigful conversation. It is simple either you want change or you do not. All people have real lives and real jobs, however effort and even extra effort to build and or support community efforts is not to much to ask. ——————————————-
Phil Sydnor Dan, I don’t mean to sound like Im checking you, but for the record I only keep tabs on fake or suspect accounts. I am happy you have taken the turn to see there’s power in numbers as we question politics. Thank you for requesting others to join us in this fight, this is after all the community we choose to live in away from personal attacks for telling it like it is. Stay tuned, as I have told Drew Tyler and our many attackers we will win this war against those who attack under the darkness of cover. I hope one day you will be free to be who you really are. Thanks!
READ WHAT THEY HAVE CALLED AS PUBLIC RECORDS HERE, THEY ARE USING THIS TEXT MESSAGE AS THEIR EXCUSE, WHILE I TIE THEIR PUBLIC RECORD TIMELINE AS TIE TO WHAT THIS IS – MURDER! – GO TO BOTTOM OF THIS PAGE TO FIND LINKS THAT IMPLICATE THESE DEPUTY’S AS NOT FOLLOWING PROTOCOL FOR THIS SITUATION!!!! – These men CLEARLY escalated the issue and murdered this man based on the UNKNOWN, having a gun! It’s now shameful they are blaming the parents for this. IF you have had enough, join us on facebook here!
This horror story sounds so familiar to what happened here, will they get away with this? IF they do there will sure to be some kind of retaliation? – http://theantimedia.org/mother-calls-police-to-help-her-son-take-his-medicine/