orss4 - T _fyanklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO. LUZY SAENZ, Administrator of the Estate of Deborah Saenz, deceased 4620 Broadmark Lane Humble, Texas 77338, Plaintiff, vs. CITY OF COLUMBUS 120 Marconi Boulevard Columbus, Ohio 43215, MATTHEW CALDWELL Columbus Police Officer, #2619 120 Marconi Boulevard Columbus, Ohio 43215, JOHN COATY Columbus Police Officer, #2224 120 Marconi Boulevard Columbus, Ohio 43215, TODD EAGON Columbus Police Officer, #240 120 Marconi Boulevard Columbus, Ohio 43215, SEAN NOLTEMEYER Columbus Police Officer, #1434 120 Marconi Boulevard Columbus, Ohio 43215, RODNEY REED Columbus Police Officer, #363 120 Marconi Boulevard Columbus, Ohio 43215 and Category C JURY DEMAND ENDORSED HEREONOFss4 - TS Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 LAURA THOMAS Columbus 911 Emergency Dispatcher 120 Marconi Boulevard Columbus, Ohio 43215, COMPLAINT Defendants. THE PARTIES 1 Plaintiff Luzy Saenz is a resident of the City of Humble, Harris County, Texas, and was appointed Administrator of the Estate of Deborah Saenz, deceased (hereinafter "Plaintiff's decedent"), by the Harris County, Texas Probate Court on October 16, 2020, in Docket No. 484661 (see a copy of Letters of Administration, attached as Exhibit 1 to this Complaint) 2 Pla Luzy Saenz brings this action as a personal representative for the exclusive benefit of the surviving parent(s) and other next of kin of Plaintiff's decedent. 3, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed were, at all times pertinent to this Complaint, duly of Columbus in its Division of P appointed police officers employed by the were acting in the course and scope of their employment, 4, Defendant Laura Thomas was, at all times pertinent to this Complaint, a 9- 1-1 Emergency Dispatcher employed by the City of Columbus and was acting in the course and scope of her employment. JURISDICTION AND VENU 5. This Court has original jurisdiction over Plaintiff's claims under Ohio law because this is a civil action seeking damages for wrongful death, survivorship and other claims that are each governed by Ohio law.OF554 - TS. Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 6. Venue is proper in this Court because the events giving rise to this action occurred in Columbus, Franklin County, Ohio, where Defendant City of Columbus is located and operates the Division of Police and where Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer, Rodney Reed and Laura Thomas are employed. STATEMENT OF FACTS 7. On or about the afternoon of July 11, 2019, in the City of Columbus Franklin County, Ohio, Plaintiff's decedent called 9-1-1 and stated that law enforcement needed to “come get” her boyfriend, Marcos Solis III (“Solis”), because he was “beating” her, during the call, Plaintiff's decedent also made clear to the dispatcher that there were two guns inside the house and that Solis had guns in his hands; Plaintiff's decedent identified her location as 1667 Genessee Avenue, in Columbus, Franklin County, Ohio apartment”), then, while still on the line with the 9-1-1 emergency dispatcher, Plaintiff's decedent began crying, then screaming, then moaning, when the call disconnected. 8. In response to Plaintiff"s decedent’s 9-1-1 call, Columbus Police officers were dispatched to the apartment. 9, The Computer Aided Dispatch (CAD) data provided to the Columbus Police officers regarding the subject matter of the emergency run included, among other things, that the caller (Plaintiff’s decedent) had been assaulted by Solis, that there were ‘guns inside the house, that the caller yelled that Solis had guns in his hands and that the dispatcher heard a loud scream when the line disconnected.OFss4 - TS: Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 10, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed were on duty and each responded to the emergeney run by going to the apartment. 11, Once they arrived at the apartment, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer, and Rodney Reed could openly see that a window to the apartment was broken in, from the outside to the inside of the apartment, consistent with someone forcibly entering the apartment. 12, While at the apartment, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed spoke with Plaintiff's decedent, who was crying and stated that she was scared of Solis, 13 Inside the apartment, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed identified a gun case, which was open and empty, located in plain view, on a bed, inside a bedroom; this information was consistent with Plaintiff's decedent’s description to the 9-1-1 dispatcher and with the information included on the CAD data available to Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed that there were guns in the apartment. 14. In addition to there being an open gun case in plain view on a bed, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed identified ammunition (“magazine(s)") near the open gun case 15, Despite the fact that an open gun case and ammunition were identified within the apartment, that Plaintifi’s decedent notified the 9-1-1 dispatcher that there ‘were guns in the apartment and that Solis had guns in his hands and that this inform: n was included within the CAD data available to them, Defendants Matthew Caldwell John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed did not conduct a search ofOFss4 - TS. Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 the apartment to locate the guns, leaving unidentified and unaccounted any guns that were in the apartment or nearby 16, Despite the fact that an open gun case and ammunition were identified within the apartment, that Plaintiff's decedent notified the 9-1-1 dispatcher that there were guns in the house and that Solis had guns in his hands and that this information was included within the CAD data available to them, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed did not ask either Plaintiff's decedent or Solis about the presence of guns or the location of the guns, leaving unidentified and unaccounted any guns that were in the apartment or nearby 17. While at the apartment, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed spoke with Solis, who acknowledged that one or more of his body tattoos were “gang” tattoos and that he had served time in prison. 18, Plaintiff's decedent stated to Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed that Solis had served time in prison. 19, A routine Law Enforcement Automated Database Search (LEADS) performed by Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed would have quickly revealed that Solis was a convicted felon. 20, Based upon Solis’s status as a convicted felon, which should have been known to Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer, and Rodney Reed from a routine LEADS search and from information provided separately by Solis and Plaintiff's decedent, it was unlawful for Solis to be in possession of any firearm or dangerous ordnance, pursuant to Ohio Revised Code Section 2923.13, 21. — While itis not the responsibility of the victim to request that officers make an arrest, after initially stating that she did not want Solis arrested, Plaintiff's decedentOFss4 - TS. Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 told Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed to arrest Solis 22. As to the information being provided separately and verbally by Plaintiff's decedent and Solis while at the apartment, Defendants Matthew Caldwell, John Coaty. Todd Eagon, Sean Noltemeyer and/or Rodney Reed did not believe that they were receiving the full, accurate information from Plaintiff's decedent and Solis about what ‘was happening between them and the reasons why Plaintiffs decedent called 9-1-1 23. Unfortunately, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed either did not realize or did not care that although Plaintiff's decedent was in the apartment and Solis was outside seated on a picnic table, there was a broken window between them which allowed for Solis to hear what was being said by Plaintiff's decedent to officers in the apartment or, at a minimum, that the broken window would have been reason for Plaintiff's decedent to be concerned that Solis could hear her 24, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed ignored the fact that Plaintiff's decedent was never sufficiently separated from Solis while talking with officers in the apartment. 25, Instead of taking seriously Plaintiff's decedent's report of violence and being in danger at the hands of Solis, as well as her expressed fears of Solis, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed labeled Plaintiff's decedent a “16B,” which is code between the police officers identifying Plaintiff's decedent as mentally ill, effectively dismissing what Plaintif?’s decedent was saying and undermining her credibilityOFss4 - TS: Eranklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 26. Despite the fact that there was evidence of the existence of one or more guns in the apartment or area, that Solis was a convicted felon who was not legally allowed to possess a firearm or dangerous ordnance, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed neither specifically questioned Plaintiff's decedent or Solis about the location of guns nor performed a search of the apartment and area to locate the guns, to ensure that any guns were confiscated and removed from the scene and, specifically, from Solis. 27. Despite the fact there was evidence of the existence of one or more guns in the apartment or area, that Solis was a convicted felon who was not legally allowed to possess a firearm or dangerous ordnance, that Plaintiff's decedent’s emergency call to 9- 1-1 stated that Solis was beating her and that there were guns in the house, that this information was available as part of the CAD data, that Plaintiff's decedent told Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed that she was scared of Solis and wanted him arrested, that Plaintiff's decedent was never given an opportu to speak to the officers separate and apart from Solis, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed failed to arrest Solis. 28. Although probable cause existed to arrest Solis, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed should have at least taken action to remove Plaintiff's decedent or Solis from the property in order to physically separate Plaintiff's decedent from Solis so her complaints of abuse could be shared with the officers without fear of reprisal from Solis and so that Plaintiff's decedent ‘would be in a safe environment, away from Solis.OFss4 - TS Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 29, Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and/or Rodney Reed concluded the “investigation” without taking any preventative action to protect Plaintiff's decedent from Solis; Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed physically left the apartment and surrounding area, each walking by Plaintiff's decedent as she was crying outside the apartment, without any of these Defendants asking Plaintiff's decedent why she was reacting so emotionally to their departure 30. Approximately nine minutes after Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed left the apartment and the surrounding area, a 9-1-1 emergency call was made from Plaintiff decedent’s phone; the call was disconnected without the caller saying anything; the 9-1-1 dispatcher attempted to return the call, but there was no answer. 31, Defendant Laura Thomas was the 9-1-1 dispatcher who answered the “hang up” call described within paragraph thirty (30) of this Complaint, Defendant Laura ‘Thomas added the “hang up” call information to the “gun run” information entered the same day, which involved Plaintiff's decedent's initial 9-1-1 call described within paragraph seven (7) of this Complaint; Defendant Laura Thomas failed to air (dispatch) the information about the 9-1-1 “hang up” call to police officers so that police officers could respond to the “hang up” call 32. On or about the morning of July 12, 2019, fewer than twenty-four (24) hours after Plaintiff's decedent’s initial 9-1-1 emergency call described within paragraph seven (7) of this Complaint, Solis shot Plaintiff's decedent multiple times in the apartment with one or more handguns, Plaintiffs decedent later died from her gunshot wounds,oFss4 - TS Eranklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 33. After learning that Plaintiff's decedent was murdered by Solis, the day after Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed were at the apartment with Plaintif’s decedent and Solis, LuEllen Kuykendoll, a Lieutenant with the Columbus Police Department, instructed or encouraged Defendant Rodney Reed to revise Defendant Rodney Reed’s original report documenting Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed’s “investigation” response to Plaintiff decedent's initial 9-1-1 emergency call described within paragraph seven (7) of this Complaint. 34. At the instruction or encouragement of Lieutenant LuEllen Kuykendoll, Defendant Rodney Reed amended the classification and narrative of the original report Defendant Rodney Reed created, changing the classification from “Domestic Dispute” to “Miscellaneous Incident” and changing the entire narrative, in an obvious attempt to justify why Solis was not arrested, why no guns were recovered and why no other action was taken by Defendants Matthew Caldwell, John Coaty, Todd Eagon, Sean Noltemeyer and Rodney Reed on July 11, 2019. FIRST CAUSE OF ACTION 35. Plaintiff incorporates by reference and makes part hereof paragraphs one (J) through thirty-four (34) of this Complaint as if completely rewritten herein, 36. The actions of the Defendants were willful, wanton and/or reckless under Ohio law 37. As a direct and proximate result of Defendants’ misconduct, Plaintifi's decedent, Deborah Saenz, was shot by Solis using one or more handguns, she suffered injuries from her gun wounds and died on July 12, 2019,OFss4 - TS: Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 38. Since Plaintiff’s decedent, thirty-two years of age upon her demise, had a life expectancy of not less than forty-nine years at the time of her death, her benef ies have suffered damages of loss of support for her reasonably expected earnings capacity 39, As a direct and proximate result of her death, Plaintiff's decedent's beneficiaries suffer permanent damages for loss of services over the time that she was expected to live. 40. As a direct and proximate result of her death, Plaintiff's decedent's beneficiaries suffer permanent damages for the loss of society over her life expectancy including the loss of companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education 41. As a direct and proximate result of her death, Plaintiff's decedent's beneficiaries suffer permanent damages from the mental anguish caused by her death 42. Asa direct and proximate result of her death, Plaintiff's decedent's heirs at law have suffered loss of prospective inheritance 43. Asa direct and proximate result of her fatal injury and death, beneficiaries of the estate have incurred reasonable medical, funeral and burial expenses, COND C. USE ( IC 44, Plaintiff incorporates by reference and makes part hereof paragraphs one (J) through forty-three (43) of thi Complaint as if completely rewritten herein. 45. As a direct and proximate result of Defendants’ misconduct, Deborah Saenz sustained conscious physical pain, mental distress, loss of enjoyment of life, physical impairment, inability to perform usual activities, and anxiety until her loss of consciousness and death 10OFss4 - TS: Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 WHEREFORE, Plaintiff Luzy Saenz, as Administrator of the Estate of Deborah Saenz, deceased, demands judgment against Defendants, jointly and severally, for damages in an amount greater than twenty-five thousand dollars ($25,000.00), plus prejudgment interest, costs, attomey fees, puni determined to be just and proper. e damages and any other relief Respectfully submitted, ROBERT J. WAGONER CO., L.L.C. Isl Robert J. Wagoner Robert J. Wagoner (0068991) 107 W. Johnstown Road Gahanna, Ohio 43230-2796 Tel: (614) 796-4110 Fax: (614) 796-4111 Email: bob@wagonerlawoffice.com and MULARSKI, BONHAM, DITTMER PHILLIPS & STEELE, L.L.C. [si Jeffrey A. Ditimel Jeffrey A. Dittmer (0041327) 107 W. Johnstown Road Gahanna, Ohio 43230-2796 Tel: (614) 476-6464 Fax: (614) 540-7473 Email: jdittmer@mbdplaw.com Attorneys for Plaintiff Luzy Saenz, Administrator of the Estate of Deborah Saenz uFranklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CVv004224 0554 - T90 JURY DEMAND Now comes Plaintiff, by and through counsel, and demands trial of the within cause to a jury of eight (8) persons is! Robert J. Wagoner Robert J. Wagoner (0068991) Attomey for Plaintiff Luzy Saenz, Administrator of the Estate of Deborah SaenzFranklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CV004224 EXHIBIT 1oss — roff2nklin County Ohio Clerk of Courts of the Common Pleas- 2021 Jul 07 1:58 PM-21CVv004224 is Chris Hollins ms“ COUNTY CLERK, HARRIS COUNTY, TEXAS PROBATE COURTS DEPARTMENT in Matter of Probate { { Docket No. 484661 County Probate Court No. 1 { {Inthe Estate of: Deborah Saenz, Harris County, Texas {Deceased LETTERS OF ADMINISTRATION {tis hereby certified that on October 07, 2020 said court granted Letters of Administration in the estate of Deborah Saenz, Deccased and that Luzy Saenz qualified as Independent Administrator of this Estate con October 16, 2020 as the law requires, and that this Appointment is still in full force and effect. Witness my hand and seal of said court, at Houston, Texas, on Novessber 19, 2020, (SEAL) Chris Holfins, County Clerk County Probate Court No. # 201 Caroline, Room 800 Harris County, Texas — Otadede. 3 Graciela Munoz Pushers Deputy County Clerk