HPD: Officer forced to kill man in Kingwood

11:26 AM CDT on Monday, August 3, 2009

khou.com staff reports

HOUSTON --A Houston police officer shot and killed a man after responding to a domestic disturbance in northeast Houston on Saturday.

It happened at the Woodland Hills Village apartments, located in the 2000 block of Lake Hills in Kingwood.

Police said around 10:15 p.m., HPD Officer R. Gardiner was working as security patrol in the complex when he heard noises in the parking lot.

He encountered a man and woman arguing and fighting.

Gardiner said he asked the man to step away from the woman and talk to him. Gardiner said the man refused and ignored all verbal commands.

Police said the man, John Barnes, became irate and began physically fighting with the officer. During the scuffle, Barnes managed to get the officer’s Taser and pointed it at him.

Police said Gardiner was forced to protect himself.

He shot Barnes several times, killing him.

Police said Barnes was a tow truck driver for S & J Towing, located at 412 Wilson Road in Humble.

HPD spokesman Victor Senties said Gardiner was off duty, but was working an approved extra job as a courtesy patrol in the apartment complex. Officer Gardiner was also a resident of the complex.

"It's a pretty traumatic situation any time an officer has to discharge his weapon, that's the last thing he wants to do," said Senties.

Senties said the officer will be placed on 3 days administrative duty while the case is under investigation.

Co-workers and family members of John Barnes said they plan to build a makeshift memorial at the shooting scene.