The Columbus Dispatch

Family of 2019 homicide victim files lawsuit against Columbus police

- Bethany Bruner The lawsuit, which alleges wrongful death as a result of negligence on the part of the officers, remains pending in Franklin County. Saenz's family seeks damages in excess of $25,000. bbruner@dispatch.com @bethany_bruner

The family of a woman who was shot and killed by her boyfriend in July 2019 have sued five veteran Columbus police officers, a 911 police dispatcher and the city over the alleged mishandlin­g of a domestic violence call the day before the homicide.

According to the lawsuit filed in Franklin County Common Pleas Court, Columbus officers responded to the Genesseeav­enue home of 32-year-old Deborah Saenz on July 11, 2019, after she called 911. The lawsuit states that during the 911 call, Saenz told dispatcher­s she had been beaten, her boyfriend had firearms and was heard screaming before the call disconnect­ed.

Five officers who reportedly responded to the scene were identified in the lawsuit as Matthew Caldwell, a nineyear veteran, John Coaty, a 21-year veteran, Todd Eagon, a 19-year veteran, Sean Noltemeyer, a 18-year veteran, and Rodney Reed, a 25-year veteran.

The lawsuit alleges the officers separated Saenz and her boyfriend, then-22-year-old Marcos Solis, to ask them about what was going on at the home. According to the lawsuit, there was a broken window between the outdoor area where Solis was talking to officers and the indoor room where Saenz was speaking to officers, allowing Solis to potentiall­y hear what was being said and preventing Saenz from being forthcomin­g with police.

In a response filed by the Columbus City Attorney's office, which is representi­ng the officers, the city said some or all of the officers were not aware of the broken window.

The lawsuit also alleges an open gun case was lying in plain view on a bed inside the apartment and that officers failed to ask Saenz about any firearms being in the home or search for a firearm. Solis was a convicted felon who was not legally permitted to possess or have access to a firearm.

The officers on the scene were not able to get what they believed to be was a full story about what was occurring from Saenz, according to the lawsuit, and classified the run as a “16-B,” or a mental disturbanc­e, “effectively dismissing what (Saenz) was saying and underminin­g her credibilit­y,” the lawsuit said.

Officers left without making an arrest or forcing Solis to leave the premises, according to the suit. A short time later, the lawsuit contends another 911 call was received from the same address, but the phone hung up without anyone speaking to dispatcher­s and a call back from dispatcher­s to the number was not answered.

The lawsuit alleges the 911 dispatcher, Laura Thomas, a 20-year city employee, did not alert officers to the additional call. Thomas is also named as a defendant in the lawsuit along with the city.

On July 12, 2019, another 911 call was received from the North Linden home, this time from Solis, who told dispatcher­s he had shot Saenz. She was rushed to Ohiohealth Grant Medical Center but did not survive her injuries.

Solis has been charged with murder and is currently awaiting trial, which is scheduled for March 2022. He is being held in the Franklin County jail.

According to court records, Solis had a prior conviction for felonious assault after slashing the throat of a classmate at West High School with a box cutter. Solis had multiple tattoos that indicated he was in a prison gang, according to the lawsuit, and discussed those with officers who responded to the home on July 11.

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