District Judge Rejects Request to Drop Black Man's Wrongful Death & Racial Discrimination Claims Against Guilford Police

• Originally published in the News & Record (Greensboro, NC) March 4, 2005

Copyright 2005 News & Record (Greensboro, NC)

THE PARENTS OF A MAN WHO WAS SHOT AND KILLED BY A SHERIFF'S DEPUTY SEEK UNSPECIFIED DAMAGES.

BY JOHN VANDIVER Staff Writer


A lawsuit accusing Guilford County Sheriff BJ Barnes of violating the constitutional rights of a High Point man shot to death by a deputy in 2001 can move forward, a federal judge ruled.

The suit, filed in 2003, stems from the May 18, 2001, death of Gilbert Barber, who was fatally shot by a deputy near Kersey Valley Road and Old Kivett Loop.

U.S. District Court Judge James A. Beaty Jr., for the Middle District in Greensboro, rejected a motion to dismiss certain claims in the case.

In his ruling Monday, Beaty said three claims against Barnes can move forward: two related to racial discrimination, and one alleging that the sheriff failed to properly train deputies to respond to calls dealing with emotionally disturbed people. Thomas Gordy, the deputy involved in the shooting, also faces a claim that racial discrimination was a factor in the shooting of Barber, who was black.

Barnes rejected the racism accusations Thursday. "It's ludicrous," he said. "My officers treat everybody the same, white, black, pink or purple."

Barnes also said he expects the case to eventually be dismissed once evidence is presented. "The judge didn't say this (case) has any merit."

Not long after the May 18 shooting, the sheriff's department gave the following account: Gilbert Barber, injured in an early morning car accident, was naked and in the street, yelling at passing cars . When Gordy arrived on the scene, he attempted to subdue Barber. A struggle followed. Barber was shot as the two men fought for Gordy's gun. During the struggle, the gun went off five times, hitting Gordy in the leg and killing Barber.

Jessie Barber and Calvert Stewart, the parents of Gilbert Barber, contend that an altercation would not have occurred if the deputy had been properly trained in dealing with emotionally distraught people. The parents also contend that Barnes maintained a policy of providing medical assistance to white people but not providing similar assistance to "similarly situated" black people.

As the case moves forward, it will be challenging to prove those accusations, Beaty indicated. "The Court recognizes that (the) Plaintiff will ultimately face a significant burden in attempting to establish that such a policy or custom was maintained or condoned by Sheriff Barnes," he wrote in his opinion.

Attorney Alan McSurely, who represents the family, declined to say how much money his clients were seeking in damages.