Ohio Attorney General Mike DeWine on Tuesday announced that his office will file a motion in the Sandusky County Court of Common Pleas to seek guidance regarding evidence retention following its completion of the investigation into the death of Jacob Limberios.
On Nov. 20, a special grand jury in Sandusky County found that the March 2012 shooting death of Limberios was accidental. The same day, DeWine announced findings of his office's investigation.
As part of the investigation, the Ohio Bureau of Criminal Investigation (BCI) firearms testing found that the gun which fired the fatal shot could fire without the trigger being pulled due to a misalignment of parts. Testing could not be completed to definitively determine the cause of the malfunction, as such testing would require dismantling the gun. Instead, BCI preserved the gun's parts alignment as it existed at the time of Limberios' death.
The Attorney General's Office will be seeking guidance from the court regarding retention of the weapon, as the parties who might normally receive this evidence at the conclusion of an investigation are currently involved in civil litigation.
To read a story with all of the details leading up to and including the day of Limberois' death, click HERE.