On May 10th, 2018, the City of Marion contracted with Pro Train Inc. Pro Train is a Nationally recognized independent company and was used to review and assess the policies, procedures and the actions of law enforcement officers during the arrest of Arrington Barber on April 30th, 2018. Ron Hantz has been a law enforcement officer for over 24 years and is a nationally certified instructor. He has been the primary physical tactics instructor for the Mishawaka Police Department since 1999. He has trained nearly 6,000 police officers from around 35 states in officer survival tactics and use of force tactics. Ron Hantz has testified numerous times in Federal and State Courts, Grand Jury Inquires, and Police Disciplinary Hearings as an Expert Witness.
Hantz spent 13.75 hours reviewing and evaluating material related to the actions taken by officers of the Marion Police Department on April 30th, 2018, as they initiated an arrest of Arrington Barber on an outstanding warrant issued from the Gas City Court. The following media and documents were reviewed by Ron Hantz:
1. Marion Police Department Case #2018 – 16153
2. Marion Police Department Use of Force Policy (NO. 401)
3. Marion Police Department Resistance Control Continuum (NO. 402)
4. Police report completed by Officer Matthew Andry
5. Police report completed by Officer Mark Kilgore
6. Police report completed by Officer Jacob Hurlburt
7. Police report completed by Captain Steve Scott
8. Video footage of this incident from a citizen’s recording device
The report, issued by Hantz states: “Arrington Barber disobeyed verbal commands, attempted to escape from police custody for several minutes, and refused to allow the police officers to gain control of his hands. Barber used his body to shield his hands and resist being controlled by the police officers by moving his legs and entire body to impede the officers.
The United States Supreme Court held “the reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” The reasonableness must embody allowance for the fact that police officers are often forced to make split second judgments in circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that is necessary in a particular situation.
Officers Andry, Scott, Kilgore and Hurlburt were justified and objectively reasonable in responding with physical tactics techniques, strength techniques, and Taser deployments, that were being utilized in order to gain control of Arrington Barber’s resistive behavior.
Suprascapular strikes are a common strike taught to police officers worldwide to gain control of a person that is resisting arrest by locking their arms under their body. The physical control tactics utilized by the Marion Police Officers in this video were used as a direct result of Arrington Barber’s resistive behavior.
Officers Andry, Scott, Hurlburt and Kilgore could only operate according to facts and circumstances known and presented to them as this situation occurred in real time. Accordingly, it is my conclusion that ALL Marion Police Officers acted reasonably, within department policies, and lawful boundaries.”
In addition, the City of Marion is also arranging for a meeting to be held with Agent Ken Bergeron of the Department of Justice (DOJ), Bureau of Federal Investigation (FBI), and family members of Mr. Barber in an effort to address any concerns that they may have regarding the incident of April 30th, 2018. A review of the Marion Police Department’s Standard Operating Procedures is also being conducted to ensure they reflect established practice and procedures for law enforcement agencies.
