Cop helps solve couple's argument by shooting husband six times in the back

The family's attorney, David Hodges, told The Observer in a phone interview that Barnes and his common-law wife Karen Echols were squabbling outside the door to their ground-level apartment on the evening of August 1, 2009, when Officer Ryan Gardiner, who was working an extra job as a security guard on the premises, decided to step in.

"They weren't getting physical, or screaming at the top of their lungs. The next-door neighbor said they weren't disturbing them. There wasn't even enough of a commotion for Gardiner to get involved," Hodges said. "When Gardiner approached John and ordered him to get on the ground for no reason whatsoever, that was an unlawful order."

The complaint states Gardiner was wearing his official HPD uniform when Barnes, who Hodges says was unarmed, refused to comply with the order and pushed Gardiner away from him. Hodges argues Barnes was within his rights to do so.

"John was entitled to push this officer, and that's when Gardiner attacked him," Hodges said. "All the witnesses say Gardiner was the aggressor in this. This wasn't some guy who attacked a police officer, it was the other way around."