After reviewing the investigation results of a November incident where two deputies shot and killed a man during a domestic dispute, the Marion County Grand Jury has concluded that the deputies use of deadly force was “reasonable under the circumstances” and ruled the shooting a justifiable homicide.
At approximately 10:15pm on Sunday, November 25, 2012, Deputy Mike Wheeler and Major Aaron Corwin were dispatched to Lot 31, Pleasant Acres mobile home park, 3200 Smeltzer Road, in response to a reported domestic dispute. Dispatchers were told the incident began at about 8:30pm when a man and his girlfriend began arguing. When the argument became more heated, the woman and several neighbors called authorities. The woman told dispatchers that her boyfriend, 40-year-old Byron Holveck, had fired a gun and threatened to kill her and her young daughter.
Marion County Prosecutor Brent Yager said that when the deputies arrived, they were confronted in the yard by Holveck who began walking rapidly towards them while pointing a handgun. Both deputies pointed their weapons at Holveck and commanded him to stop, but he did not comply. The deputies then fired their weapons from about 15 to 20 feet, striking Holveck who collapsed to the ground.
Holveck was transported to a Columbus hospital where he later died.
Marion County Sheriff Tim Bailey called in agents from the Ohio Bureau of Identification and Investigation who not only processed the scene of the shooting, but also conducted the follow-up investigation. BCI special agents determined that Holveck had expressed suicidal intentions to others before the incident.
Investigators also learned that Holveck’s guns was actually a pellet gun, but lacked the identifying orange ring around the muzzle and externally appeared to be a real firearm. Agents said it could only have been identified as a pellet gun upon close inspection. Yager said the shooting incident took place in an area only partially lit by a nearby streetlight and the officers’ interaction with Holveck lasted only a few seconds.
On Wednesday, December 19, 2012, the Marion County Grand Jury was presented with the results of the investigation and concluded that the deputies had acted appropriately within Ohio law, Marion County Sheriff’s Office policy, and the deadly force guidelines established by the United States Supreme Court.
Yager said that no criminal prosecution or disciplinary action will be pursued in this case and the deputies have returned to their normal duties.
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