By Wayne Gates

A nearly four year legal battle over the death of an inmate in the Brown County Jail is essentially over.

Federal Judge Susan Dlott dismissed all but one claim of a wrongful death lawsuit against the county and county officials and employees on Feb. 13 for lack of sufficient evidence.

One claim against Brown County Deputy Ryan Wedmore for intentional infliction of emotional distress remains.

“Plaintiff can proceed to trial only in the intentional infliction of emotional distress claim against Deputy Wedmore, the officer who directed profanity toward and threatened (Zachary) Goldson at the hospital,” wrote Dlott.

“We are pleased with Judge Dlott’s decision and look forward to defending the sole remaining claim against Deputy Wedmore at trial,” said Attorney Angelica Jarmusz.

Attorneys for Plaintiff Ashley Bard had not returned a request for comment at press time.

The case involved Zachary Goldson, Bard’s brother, who was found hanging in his cell in October of 2013. An investigation by the Ohio Bureau of Investigation determined that his death was a suicide as did the Montgomery County Coroner following an autopsy. A Brown County Grand Jury also declared that Goldson’s death was a suicide on Dec. 10 of 2014.

He swallowed an ink pen and other items and was taken to Southwest Regional Medical Center on Oct. 4. While leaving the hospital, he attempted to escape, assaulting the deputy escorting him.

The two fought as a nurse called 911. Georgetown police officers and BCSO deputies responded to the scene.

Goldson was secured as Wedmore is heard on dashcam video cursing Goldson and telling him that he would like to break his neck. Wedmore also threatened him with a ‘welcome party’ when he got back to the jail.

Goldson was found hanging in his cell about an hour and a half later. Medical assistance was called for, but he was declared dead at the jail.

Bard filed a wrongful death suit in October of 2015 against Brown County, Brown County Sheriff Dwayne Wenninger, Wedmore, Lieutenant Larry Meyer, Corporal Jason Huff, Deputy George Dunning, Deputy Sarah McKinzie, and former Corrections Officer Zane Schadle.

The suit alleged that the defendants deprived Goldson of his constitutional rights, were negligent in their conduct towards Goldson and committed assault on Goldson which lead to his wrongful death.

The case was given a higher level of intensity two months later with the ruling of then Brown County Coroner Dr. Judith Varnau in December of 2013 that Goldson’s death was a homicide.

Varnau and her husband Dennis are currently involved in a federal defamation filed by BCSO employees named in her investigation.

Goldson was found hanging from a sprinkler in his cell and Varnau questioned his ability to accomplish a suicide given the height of the sprinkler head, dimensions of the cell and other factors.

Dlott issued a 45 page ruling which addressed concerns raised by Varnau and attorneys for Bard, as well as the reasons for her decision.

“Some evidence suggests that it would have been difficult based on the physical layout of the jail cell for an inmate acting alone to have hung himself. However, forensic pathologists, a county grand jury and a state criminal investigations unit all determined that Goldson committed suicide by hanging,” Dlott wrote.

The judge also wrote that Bard did not produce enough evidence to prove her case.

“Plaintiff has not put forth admissible evidence establishing who caused Goldson’s death and when if he did not commit suicide…Plaintiff does not have evidence sufficient to establish that any Defendant used excessive force or failed to intervene to prevent the use of excessive force against Goldson, much less that any Defendant caused Goldson’s death,” Dlott wrote.

She also wrote that alternative theories about Goldson’s death provided by Dr. Varnau do not hold water.

“Dr. Varnau’s testimony does not connect the dots between her assumption that a hobble strap was placed around Goldson’s neck and his death. Dr. Varnau issued a supplementary certificate of death stating that the cause was “strangulation” and “homicide,” but that is not the same as offering evidence to prove that any particular Defendant officer used excessive force against Goldson,” wrote Dlott.

Barring a settlement, the case will continue against Wedmore in his capacity as a Brown County Sheriff’s Deputy, and not as a private citizen.

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