Ashtain Duane Barnes

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: PA16191C Version Type: VERSION 5/10/2016 10:29 Report Date: Status: Submitted AM Agency/Facility Information Harris County 17423 Katy Agency Name: Constable Precinct Agency Address: Freeway 5 Agency City: Houston Agency State: TX Agency Zip: 77094 Director Information Director Salutation: Constable Director First Name: Phil Director Middle Name: Director Last Name: Camus Capt. Terry Reporter Name: Reporter Email: [email protected] Allbritton Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Ashtain Middle Name: Duane Last Name: Barnes Suffix: Date of Birth: 8/17/1991 Sex: Male Race: Age At Time Of Death: 24 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 4/28/2016 2:47 PM Incident: Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): Death Date and Time: 4/28/2016 2:58 PM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Manner of Death: Other Homicide Medical Cause of Death: Medical Cause of Death: Gunshot Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: Not Applicable If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional staff If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Handgun death?: Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? 7500 W. Sam Street Address: City: Houston Houston Toll Rd. S County: Harris Zip: What location category best describes where the event causing the death occurred? Location Category: What type of custody/facility was the Decedent in at the time of death: Police Custody Type of Custody: (pre-booking) Specific type of custody/facility: Specific Type of Custody/Facility: Custody of Peace Officer during/fleeing arrest What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? At the crime/arrest Death Location: scene Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Possible Possession of Marijuana Offense 2: Operate M/V on Tollway When Prohibited Offense 3: Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Type of Offense: At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of weapons: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Attempt to Injure Others?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- Appear intoxicated (alcohol or No Make suicidal statements?: drugs): Exhibit any mental health Exhibit any medical problems?: problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or No standoff?: arrested?: Physically attempt/assault Gain possession of officer's officer(s): weapon: Verbally threaten other(s) Escape or attempt to including law: escape/flee custody: Attempt gain possession officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On Thursday April 28, 2016, at approximately 2:40 p.m., Harris County Precinct 5 Deputy Roberto Felix, Payroll #906611, located a prohibited vehicle on the Harris County Toll Road. Deputy Felix confirmed the license plate with dispatch and initiated a traffic stop on the southbound side of the 7500 block of the West Sam Houston Tollway. Deputy Felix made contact with the driver and advised him of the reason for the traffic stop (Operate Motor Vehicle on Tollway When Prohibited). The driver, later identified as Ashtian Duane Barnes, stated the vehicle was a rental and further advised that he did not have his driver's license. Deputy Felix smelled an odor of marijuana and requested a back-up unit to check by. The driver began to behave suspiciously; fumbling through papers and then reaching toward the passenger side floor board towards a cup that appeared to have trash in it. After Deputy Felix ordered Barnes to stop reaching, he turned off the ignition to the car. When Deputy Felix inquired about the odor of marijuana, Barnes changed his story and said his driver's license was in the trunk. Barnes activated the trunk release and offered Deputy Felix an opportunity to retrieve it. Deputy Felix opened the driver's door and asked Barnes to step out of the vehicle. At that point, Barnes reached for the keys and turned the vehicle back on. Deputy Felix drew his weapon and ordered Barnes not to make any further movements; however, he put the car in drive. At the same time, Deputy Felix was attempting to stop him from doing so; consequently, his body was partially in the vehicle as Barnes accelerated away. Fearing that he would be pinned and dragged by the vehicle or run over, Deputy Felix Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- jumped onto the door sill and tried to grip the windshield. Deputy Felix was unable to see inside the vehicle, however, he felt pressure being applied to his right hand which was holding his firearm. Deputy Felix yelled for Barnes to stop and at that point felt that he would be crushed by the retaining wall or thrown from the vehicle. Deputy Felix fired his weapon one time and the vehicle sped up. Fearing that Barnes could kill him by crushing him or taking his weapon, Deputy Felix fired a second time. The vehicle slowed to a stop and Deputy Felix was able to disengage from the vehicle and hold Barnes at gunpoint until additional units and Houston Fire Department Personnel arrived. Barnes suffered at least one gunshot wound to the chest and died at the scene. Custodial Death Report :: Page 7 of 7