Family, friends look for answers in death of man shot by officer

06:26 AM CDT on Wednesday, August 5, 2009

By Leigh Frillici / 11 News

KINGWOOD, Texas -- Family and friends of a Kingwood man are calling for a federal investigation into his death. John Barnes was killed Saturday outside his apartment by a Houston police officer working security for the complex.

"When he was shot he was leaning against the car. He didn't have anything in his hands. He wasn't a threat to him,” said Karen Bennett, Barnes fiancée. “He wasn't asked to get on the ground. He wasn't even given a warning. He just shot him for no reason."

Activist Quanell X said a neighbor told him that he saw Barnes leaning against the car with his arms folded. The neighbor told Quanell X that the Taser was on the ground when Barnes was shot multiple times.

Houston Police Officer Ryan G. Gardiner was working security in the complex and stopped after seeing Barnes and his fiancée fighting. HPD says when Officer Gardiner tried to take Barnes into custody Barnes grabbed the officer’s Taser.

"The suspect managed to get the officer’s Taser out from his holster, pointed it at the officer and tells him ‘your dead’," said HPD spokesperson Victor Senties.

The Houston Police Department says Officer Gardiner fired in self defense.

"We are confident this is a justified shooting. There's a pending criminal investigation as is procedure with cases like this. So, he's not making any comments to the media," said Sally Ring, Officer Gardiner's Attorney.

But Barnes’s fiancée says Barnes only swatted the Taser away.

"He was in an accident. He had a metal plate in his head. He told me before, he cannot be Tasered. So he was probably afraid of that," said Bennett.

“He was shot five times. After the fourth shot, he was still a threat? After the fifth shot? That does not pass the smell test. It sounds like an overkill to me,” said Quanell X.

11 News did some checking into the backgrounds of both men and found that in 1993 John Barnes was charged with aggravated assault against a police officer.

11 News also confirmed with HPD that in March 2006, in North Houston, Officer Ryan G. Gardiner shot and critically injured a man suspected of auto theft.

On Tuesday, family and friends of John Barnes gathered to pray for a man they say was a victim and they prayed for answers that may be a long time coming.