[Dryerase] Killer cop sues for slander
Asheville Global Report
editors at agrnews.org
Sun Oct 13 16:26:15 CDT 2002
Killer cop sues for slander
By Bud Howell and Allie Morris
Greensboro, North Carolina, Oct. 8 (AGR)-- At 8am Monday morning, about 50
people gathered in front of the Guilford County Courthouse in downtown
Greensboro, NC to support Jessie Barber and her husband Calvert Butch
Stewart on their way to court. Their son, Gilbert Gil Barber, was shot
five times and killed by Guilford County Sheriff Deputy Thomas
Gordy. Gordy is now suing Jessie Barber for $10,000 because she called him
a murderer during a press conference. He cites defamation of character
and mental distress, which he has allegedly suffered since Gils parents
began questioning the circumstances which led to the death of their 23 year
old son.
Mondays court date dealt exclusively with Jessie Barbers breaking a
mediation agreement in which she agreed to no longer refer to Deputy Gordy
as a murderer. The agreement in question was established after a previous
court ruling recommended a mediation between Gils parents and the
deputy. Butch and Jessies lawyer, Anita Hodgekiss who works with the
Center for Constitutional Rights, argued Monday that though the mediation
was court ordered, the agreement that Barber signed was not and therefore
not contractual by law. The judges formal decision is expected later in
the week.
Members of the October 22nd Coalition To Stop Police Brutality,
Repression and the Criminalization of a Generation, the Greensboro Peace
Coalition, Gils friends and family, and other concerned citizens packed
the courtroom after a spirited rally alerting passers-by to what they
called the outrageous injustices surrounding Barbers death. During the
rally, amidst drumming and chants of No Justice, No peace, Gils parents
and others spoke through tears about their son and comrade. Ed Whitfield
from the Greensboro Peace Coalition issued a stirring condemnation of the
Sheriffs Departments disregard for the life of Gil Barber. The real
tragedy here is that the humanity of this young man who was a member of our
community, who had every right to live his life fully and productively, who
was his mothers baby, who was loved by his family
this man had his life
shot down that night, and to some people thats not very serious because we
live in a community and a country where some peoples lives arent valued
very much.
On May 18, 2001, Sheriff Deputy Thomas Gordy responded to a 911 report
of a one-car accident on Kivett Loop in Jamestown, NC. There he found High
Point resident Gil Barber, bewildered and suffering from a serious skull
fracture. Barber was naked and unarmed, not wanted for any crime, and,
according to subsequent coroner reports, not under the influence of any
drugs or alcohol. Yet minutes after he arrived on the scene, Deputy Thomas
Gordy pepper sprayed Barber before fatally shooting him 5 times. Many
details of just what happened that night such as why Gordy arrived at the
scene readily armed-- have yet to be disclosed by the Sheriffs Dept.
Despite withheld information, District Attorney Stuart Albright, who
based his conclusion on evidence from a controversial internal
investigation led by Guilford County Sheriff BJ Barnes, ruled Deputy
Gordys actions justifiable. Backed by the Department and the Police
Benevolence Association, Albright has refused to turn access of the case
over to external investigators such as the State Bureau of Investigation.
Those following the case question the impartiality of an investigation
conducted by the very party liable for the killing. Gils parents continue
to push for an external investigation, which they consider the only means
through which the true story will be revealed. As for the internal
investigation, Jessie Barber remarks. there has been no investigation as
far as were concerned.
Many doubt the impartiality and efficacy of the Sheriff Departments
investigation particularly after Sheriff Barnes own initial remarks on the
case. Barnes publicly referred to Gil Barber as a raging bull who was
probably on PCP, a claim deemed impossible on three occasions by the
coroner. In a further show of support for his deputy, Barnes spoke on a
local radio show calling Gils death a good shoot.
Frustrated at being repeatedly denied access by the Sheriffs
Department to public information, Gils parents filed a suit last year
against Deputy Gordy to obtain full disclosure of the circumstances that
led to their sons death. The 911 tape of the incident was not released
until over four months after the shooting. Ordinarily, such records are
released in a matter of days. Authorities have given no reason as to why
the tapes were withheld for so long. When finally turned over, Gils family
said that certain intervals of time on the tape seemed to be missing.
Also unknown is why the deputy ordered an injured car wreck victim
forcibly to the ground. The police report indicates that Gordys first
words to Barber were, get the fuck on the ground repeated over and over
again. Barbers clothing was tangled in the trees near the accident and why
the crime scene was bulldozed immediately following the
incident. Uncertainties about the events of the morning of May 18 loom for
the family who points to the rapidity with which the altercation ended in
death. According to the police account, only 113 seconds passed between
Gordys arrival and the five shots he fired.
Gils parents contend that Gordys lawsuit is a scare tactic, set up
to intimidate and silence any further questioning of the undisclosed
circumstances that led to their sons death. But they have no intention of
backing down, says Gils father: They stepped on the wrong toes when they
killed Gil, cause that was my only son, and Im not going away. Jessie
concurs, noting the familys work in the October 22 Coalition, theyre
trying to shut us up, but it wont work. As long as they kill people, weve
got work to do.
If found liable for breaking the mediation agreement, Jessie Barber
faces sanctions that range from a fine to possible jail time. Butch Stewart
defended his wife at Mondays rally, saying we call [Gordy] what he is: a
murderer. While the verdict is pending after Mondays case, Jessie Barber
remains defiant: Im not going to ever pay [Deputy Gordy] for what he did,
taking my sons life. Gil had a right to live, just as Gordy has a right to
live.
In his suit, Gordy is also seeking to obtain a list of the Barbers
individual supporters, including local residents involved with the October
22nd Coalition, a national organization which has provided a strong network
of support for Gils
family.
Members of the October 22nd Coalition, who helped organize Mondays
rally in front of the courthouse, point out that Gil Barber is not alone.
Since last September nine regions of the country have reported 157 unarmed
people killed by law enforcement officers. This fact has become a focal
point for Gils parents pursuit of justice. In an interview, Gils mother
said she has been reaching out to families who are surviving similar
tragedies: I have to go to other families in the same situation. I dont
think I could stop if I wanted to. And Im just glad that there are some
people in the world who do support us and do see the wrongness of whats
going on.
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