Houston Police Officer Accused of Excessive Force: Autopsy Reports Reveal Victim Was Shot Six Times In The Back

Houston, Texas

The report indicates that the man was shot repeatedly, including six shots in the back.

Autopsy results appear to reveal that a man killed by an off duty Houston Police officer was shot in the back six times, according to a local source. 

Civil rights attorney Randall Kallinen said the information released by the Harris County Institute of Forensic Sciences showed that excessive force was used.

It was back on Aug. 1, 2009, that John Barnes was shot and killed outside of his Kingwood apartment.

Investigators said he and Officer Ryan Gardiner got into a scuffle.

Gardiner was not on-duty at the time, but was wearing his uniform while working an extra security job for the apartment complex. He reported hearing a man and woman arguing.

Gardiner, a seven-year veteran of the police force at the time, claimed that when confronted, Barnes was able to take away his Taser. He said he opened fire because he feared for his safety.

However, witnesses and Barnes' family members offer a different scenario unfolded, one in which they that Barnes should not have been killed.

"John leans against his car and says 'What are you going to do shoot me' and he did," Barnes' sister-in-law Jackie Rucker told KPRC-TV shortly after the shooting.

Saturday, Kallinen said the recently released autopsy results support the family's claim. While there have been conflicting reports about the number of bullets to the back, Kallinen confirms six wounds.

"As we can see, there are not one, not two, not even three, but six bullet holes in (Barnes') back," he said, pointing to an autopsy diagram.

The report states that Barnes died due to multiple shots to the upper body and, according to Kallinen, Gardiner prevented Barnes from getting medical attention.

Other reports indicate that Officer Gardiner has already amassed 14 tasings without discipline and discharged his firearm three times (and has been on the force less than ten years).

Kallinen said the city should have released the autopsy report long ago, but chose not to.

"Instead, they held it for 21 months after the shooting and 18 months after it was actually done," he said. "You can see why they'd want to withhold it with the six shots in the back."

Source