Press Release

Third Party Investigation Determines Officers Acted Reasonably in Incident with Arrington Barber Share

May 24, 2018  |  Web Administrator

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 (NO401)

3. Mar­i­on Police Depart­ment Resis­tance Con­trol Con­tin­u­um (NO402)

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.

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