by Brad Woodard & Kathryn Whaley / 11 News
Posted on January 21, 2010 at 1:07 PM
HOUSTON—An off-duty officer accused of killing an unarmed suspect in Kingwood will face a grand jury Monday.
Officer Gardiner was working security at an apartment complex in Kingwood when he tried to break up a fight between John Barnes and his girlfriend.
Gardiner said he was forced to fire his weapon in self-defense after Barnes grabbed his Taser.
"The suspect manages to get the officer’s taser from his holster, points it at the officer and tells him you’re dead," said HPD spokesperson Victor Sientes.
Barnes’ fiancé tells a different story.
"When he was shot, he was leaning against the car," Bennett said. "He didn’t have anything in his hands. He wasn’t threat."
Community activist Quanell X and Barnes’ family believe it was a case of excessive force.
"This officer needs to be indicted. He needs to be off the force, because the public is not safe as long as he’s allowed to carry a firearm and wear the uniform of a police officer," Quanell X said Friday.
"I want the truth told as to what happened that night, wWhat really went on with my brother," said Jeanette Counsil, Barnes' sister. "I’m not saying everything he did that night was right, but he didn’t deserve what came of it."
This is not the first time Officer Gardiner has shot a suspect. Back in 2006, he critically injured a man suspected of auto theft.
In 1993, Barnes was charged with aggravated assault of a police officer.
The grand jury was scheduled to begin hearing the case on Friday, but they were held up by another case.
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