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Cop killer's lawsuit lives on
The case alleging medical neglect is remanded to U.S. District Court in Muskogee.

ON DEATH ROW
Kenneth Eugene Barrett: He alleges in the lawsuit that he was mistreated by authorities while he was in jail awaiting his trials.
 
By SUSAN HYLTON World Staff Writer
Published: 11/15/2009  2:26 AM
Last Modified: 11/15/2009  4:29 AM

A federal death-row inmate's lawsuit alleging medical neglect in the Sallisaw and Sequoyah County jails remains alive after an appeals court ruling.

The Tenth Circuit U.S. Court of Appeals ruled partially in favor of Kenneth Eugene Barrett's lawsuit, filed in federal court in Muskogee on Sept. 11, 2006. Barrett alleges in the lawsuit that he was mistreated by authorities while he was in jail awaiting his multiple trials as an accused "cop killer."

Barrett, now 48 and an inmate at the U.S. Penitentiary in Terre Haute, Ind., is awaiting execution for the shooting death of Oklahoma Highway Patrol Trooper David "Rocky" Eales on Sept. 24, 1999.

Eales' widow, Kelli Eales, didn't mince words about the lawsuit.

"It's 10 years later, and he's still at it. I don't have a lot of sympathy for him," she said. "To me he's just trying to get people in trouble or spread his misery. He put himself in that situation that night."

The Denver-based appeals court remanded the case to U.S. District Court in Muskogee in regard to two of the defendants, former Sallisaw Police Chief Gary Philpot and former jailer Michael Hendricks, because the district court gave "no explanation" for their dismissal as defendants in the case, records show.

The Tenth Circuit judges, however, upheld U.S. District Judge Frank H. Seay's dismissal of the case against the other defendants, former Sequoyah County Sheriff Johnny Philpot, two jailers, OHP Trooper John Buddy Hamilton and a trooper referred to as John Doe.

Barrett shot Eales and Hamilton as a law enforcement tactical team approached Barrett's rural Sallisaw cabin to conduct a no-knock search for methamphetamine.

Barrett fired about 19 shots at the officers from a Colt Sporter .223-caliber rifle. Barrett in turn was shot several times in the legs and hip area.

Barrett alleges that his civil rights were violated while he was awaiting trial. He is representing himself in the lawsuit, and in a handwritten entry, he filled in an amount of damages he would like for his suffering — $1 million.

Barrett maintains that his attempts to file jail grievances for denial of medical care were ignored.

He alleges in his lawsuit that Chief Gary Philpot told him while he was in jail: "You are a cop killer and now you want a grievance to complain about your treatment here. You are lucky to be alive; if I had my way, you wouldn't be."

Gary Philpott could not be reached for comment.

One of the bullets that hit Barrett remained lodged in his hip as of last year, according to court records. Barrett bases many of his medical complaints on that bullet and the resulting pain and a rash that might be caused by the metal.

In response, Kelli Eales said, "I wish our Rocky had a rash he could complain about."

In July 2000, records show that a doctor underlined the words "needs to have bullet removed" and that a severe rash was possibly due to a reaction to the metal in the bullet in Barrett's hip.

In June 2001, records show that the Sequoyah County District Court ordered that Barrett be transferred to a state facility for possible removal of the bullet. Barrett alleges in his lawsuit that Sheriff Johnny Philpot told him that "you are in my custody, and that isn't happening. You just need to live with the consequences of being a cop killer."

Johnny Philpot has denied any wrongdoing and could not be reached for comment.

The defendants have denied that the court order for a consultation and possible removal of the bullet was a mandate.

Barrett claims that troopers came to St. Francis Hospital in Tulsa, where he had been taken after the shootout, and coerced doctors to release him after he had been there only a few hours. Barrett maintains he could only crawl when he was taken back to the Sallisaw city jail, where he says former Chief Gary Philpot denied him pain medication and daily bandage changes, resulting in an infection.

When he was transferred to the county jail, Barrett said, he took up his case for pain medication and bandage changing with Sheriff Johnny Philpot.

He alleges in the lawsuit that the sheriff told him: "I told you didn't I that you were going to rot in my jail and that is exactly what I meant. You do not have anything coming while you are in my jail."

Barrett's federal conviction in 2005 was a victory for prosecutors. A jury deadlocked in his first state trial in 2002, and the jury in a second state trial in 2004 convicted him of first-degree manslaughter.


Susan Hylton 581-8381
susan.hylton@tulsaworld.com
By SUSAN HYLTON World Staff Writer

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Report Comment
skippy1, Tulsa (11/15/2009 6:07:20 AM)
Yet another reason to legalize all drugs. These "no-knock" warrants remind me of the Storm troopers from Nazi Germany. This guy may well be the scum of the earth, but this 'war on drugs' is leaving a path of destruction in it's wake...
Report Comment
oldrustytulsa, Tulsa (11/15/2009 6:57:51 AM)
Ahh, these Dope heads dont deserve anything, but get on with the execution.
Report Comment
skippy1, Tulsa (11/15/2009 7:29:06 AM)
re:Webmeister- Thanks for filling in the blanks. This whole story smacks of corruption and maybe something personal gong on with Mr. Barrett. No police lights or sirens, how did this guy know who the hell was busting into his HOME...
Report Comment
Gramps, (11/15/2009 7:49:00 AM)
When you kick a sleeping dog, you should expect to be bitten. Those cops brought it on themselves. It is your right to start shooting when someone breaks into your home.
Here's another prime example of the TW leaving out facts, in order to mislead the readers.
Report Comment
Webmeister, Tulsa (11/15/2009 8:09:27 AM)
Today's article about Mr. Barrett's continuing Federal lawsuits over his claim of intentional medical neglect is really just an update on old, forgotten news about a Dead Man Walking.

Ten years old.

The Tulsa World did adequately cover the 1999 arrest and subsequent trial (three trials, really) of Mr. Barrett. Their news coverage follwed the case for years. Gallons of ink. Truckloads of newspaper.

At least in his state trials, Mr. Barrett appeared to have competent legal representation. His attorney managed twice to keep his client from being convicted of a capital offense by inflamed local jurors who were probably pre-screened to be sympathetic to law enforcement.

The DA did eventually lose her job. Going along for a publicity seeking ride-along in a high-risk (to the suspect), No-Knock night time raid somehow didn't sit too well with the voters.......given that a LEO was killed.

The way things were set up on the raid, Mr. Barrett was probably going to die anyway, with a police sniper pre-positioned by his property with Barrett in the crosshairs before the raid even began.

Mr. Barrett was introduced to the tender mercies of the Sallisaw and Sequoyah County law enforcement community when, severely wounded, he was drug from his house by his hair........

Standard police procedure?

Too many witnesses, including Barrett's son, to just let him bleed-out while cuffed.
Report Comment
DBJohn, Tulsa (11/15/2009 8:24:32 AM)
It sounds like with have a bunch of corrupt and incompetent officers. I think that all of you who are so familiar with and such expects on law enforcement should go to work in that field. That way we would be assured things would be done correctly.
Report Comment
skippy1, Tulsa (11/15/2009 8:37:24 AM)
DBJOHN- ASPECTS, not expects...
Report Comment
billy8, Sand Springs (11/15/2009 8:45:22 AM)
I believe that his constitutional rights have been violated from the start of the no-knock raid to his treatment in the jail. CRUEL AND UNUSUAL PUNISHMENT. If you have never been arrested or gone to jail, you have no clue as to how wronly you will be treated. the corruption is unfathomable.
Report Comment
charley08, Enid (11/15/2009 9:43:00 AM)
This is a prime example of how law enforcement can make allegations on anyone and proceed with brutal tactics to prove a false allegation.
This is not only an issue in eastern Oklahoma but the whole state of Oklahoma.
Report Comment
Sarge776, Tulsa (11/15/2009 9:45:48 AM)
After reading all these posts, I can tell that most of the people here have been incarcerated by LEO's for their meth,coke,heroin,marijuana,crack dependencies. Get a life people, a legal one. This was a legal, no knock attempt to serve a warrant. The Officer's involved, could have shot the son as well, but didn't. The sniper, who had Barrett in his sites could have shot him before he got off a shot, but didn't. He didn't give the officer's a chance when they drove up to the residence, but opened fire before they could even get out of their vehicles. What did Barrett have to protect, his drugs? As it turned out, the jury in the first trial was riddled with people who were sympathetic with Barrett cause most of them had dealings that weren't favorable with the Law Enforcement community. This guy deserves the death penalty, and the OHP lost one of the best Trooper's that ever wore the uniform on that day. He was not only a decent family man, but a Viet Nam vet who followed his lifelong dream of becoming a State Trooper. If Barrett needs medical treatment, then yes, he should be given it, but under constant guard as he would more than likely attempt to escape if given the chance. Any other constitutional benefits should be given to him as well. However, no preferential treatment should be given to this cop killer, except maybe to make sure the needle is good and sharp when he gets his final dose.
Report Comment
skippy1, Tulsa (11/15/2009 9:57:27 AM)
re:Sarge776- We can assume by your moniker that you are either pro-cop or pro-military, which is fine by me, but don't lecture anyone about the "virtues" of the police or these 'no-knock' warrants. I have no direct ties to either the penal system or the drugs involved, but as a U.S. citizen I should be free of these ILLEGAL tactics. Just beause a judge signs off on a warrant doesn't mean it's justified. Cops don't lie to obtain these warrants? GET REAL! I happen to be dating a defense Attorney, and believe me, I get involved by proxy.
Report Comment
JCash, Tulsa (11/15/2009 10:41:08 AM)
Doesn't seem like ten years have past….

I knew Rocky Eales. He was a great guy who would give you the shirt off his back. His death was a great loss to his wife, children, family, friends, and the good people he choose to defend.

To all of you crank using/selling, cop killing sympathizers out there. Shame on you! I'll bet there is not a one of you who would want this murderous bastxxd and his ilk to live next door to you. I'll bet none of you "friends" of his are sending him money to put on his books at the joint. Are any of you planning on a visit to Indiana to show the dead-man-suing your support?

You jackxxxes need something to do? Go visit Rocky's grave. He was worth it.

On second thought, stay away. Rocky deserves better.
Report Comment
Webmeister, Tulsa (11/15/2009 11:01:05 AM)
There was much dispute at the trial about whether the police lights were ON or OFF. The surviving LEO's swore that their police lights were either ON or swore they didn't know.

Curiously, the other LEO who was wounded when Trooper Eales was shot by Mr. Barrett later died in a motorcycle accident, so that the LEO's in the best position to know whether the police lights were ON were no longer available at trial......
Report Comment
H_Harl, (11/15/2009 11:05:09 AM)
i've known barrett for a long time. he's never been anything but a doper and thug. i'm not defending law enforcement. they have their problems. too many problems. but everytime someone gets arrested certain people scream it's a frame up or a coverup or some nonsense. as far as the raid on his house. according to his cousin who lived near him, he warned them earlyer in the day that the police were watching him and to watch out for them. because he had seen their vehicles on the road near his house. so he knew exactly who they were when they drove up. and he started firing his rifle before they even stopped their vehicles. his son ran into the woods near the house when it started. so, when they took custody of him, there were no witnesses. if they wanted to kill him, nothing was stopping them. and his son stated the the last thing he saw before running into the woods was his father firing from the front porch at the vehicles. and barrett had a runin with sherrif philpot either that day or the day before, and took his gun and fired it into the ground near the sherrif and fled. so, he knew that eventually, law enforcement would be calling on him. so this wasn't just some "innocent guy who the corrupt cops were just hassling". he's a criminal. he has been his whole adult life. eveyone can take that for what it's worth.
Report Comment
rc, (11/15/2009 11:06:55 AM)
JCash,

The voice of reason has finally spoken.

Please keep the Eales family in your thoughts and prayers.

Amen
Report Comment
rdp, (11/15/2009 11:20:31 AM)
I believe that most no-knock warrants are a bad idea, Just bust'em on the street.
I'm sure this guy had to go to town sometime, for gasoline ect.
This needs to be done when the suspect is alone and not at their residence where they could have weapons.
even though he could have been carring a gun on his person, it would be doubtful that it would be a high capacity high powered rifle.
And if I remenber the story the drive way to his cabin was a pretty long ways.
So it's not likely that you would sneak up on a crank head if that was the case.
Not defending the creep at all I hope he dies of infection.
Just don't like the no-knock crap, to many times kids can become involved.
It was a bad idea and a trooper lost his life.
Report Comment
H_Harl, (11/15/2009 11:50:37 AM)
whirled peas...there are often "feuds" between criminals and lew enforcement.
Report Comment
H_Harl, (11/15/2009 11:52:13 AM)
whirled peas...where did you obtain this "friendly fire" information? just curious if you have facts or just rumors.
Report Comment
Whirled Peas, (11/15/2009 11:52:30 AM)
Sarge776 wrote: "After reading all these posts, I can tell that most of the people here have been incarcerated by LEO's for their meth, coke, heroin, marijuana, crack dependencies."

It's the "anyone who doesnt always agree with police must be a criminal" rationale of police apologists.
Report Comment
Whirled Peas, (11/15/2009 11:57:14 AM)
H_Harl wrote: Where did you obtain this "friendly fire" information? just curious if you have facts or just rumors."

Reporters at the scene photographing Ealse's vehicle noted many of the bullets that struck it came from behind. They were not allowed to be deposed or testify. The missing bullets you can look up in the TW archives. It was a cover-up.
Report Comment
suzi, (11/15/2009 12:28:31 PM)
The Highway Wife needs to sue him for any money he may get from his law suit. That way when they put him to death she can collect her million dollars from him and she does not have to worry about her young family trying to stay alive.

Counter sue him now because the liberal judges in Colorado will let him sue no matter who he killed and claim he was not given good treatment while he was in jail.

He was given a bible and yet he has no remose for what he did in his life. He best to repent now or burn in hell later.
Report Comment
suzi, (11/15/2009 12:44:16 PM)
When you are on drugs you are always looking out the window to see who is coming after you. The drugs makes you paranoid so you are always on the look out. He had an gun ready for the cops and or a drug head who wants to steal from his hidden dope in his floor where no ones knows its there.
He was living a lie with satan his best buddy leading him the way to death with-out Jesus and that will only take him to hell.

Hes been in jail for awhile and he has no remorse for this OHP wife and wants to stir up some more crap in the courts again.

Unless he knows he can get the money and then hand it over to the OHP wife and kids before Ind. puts him to death.

Sure life is sad but when good meets evil good will always win because even through the OHP man is dead the good will come from this.

Praying for his family and kids. suzi
Report Comment
okgma, (11/15/2009 12:55:47 PM)
I lived a couple miles down the road. Kenneth Barrett is a joke. He was dealing drugs on a mainstream level. He had run ins with the cops before. He was a criminal that needs to be put to death. He caused more problems and committed more crime than ever made the newspaper. He avoided getting caught. But those of us that knew him all knew what he was doing and capable of. He was paranoid. If you drove past his house(which was on the road toward mine) you could often see him standing with a gun. He got what he deserved. Unless you people knew him and were able to see and hear everything that went on don't assume he was wronged. He is a very violent man. The troopers had every right to search his house. They had attempted to do a norma search and got a gun in their face for the effort. This man is trash. I am glad he is in prison. They need to execute him. The only reason he wants money is to make up for money lost in drug deals. His son will surely say Barrett was wronged because he was and is in the family business.
Report Comment
H_Harl, (11/15/2009 1:55:18 PM)
whirled peas...according to the coroner, during the trial, the bullet the officer came from in front of the vehicle. are you aware that EVERYTHING isn't a "cover up". and every criminal that gets arrested isn't being "set up". if you like to think they are, would you have the authorities just release every inmate in the prisons? after all, they all might have been "cover ups" right? barrett is a life long criminal. he's where he belongs.
Report Comment
H_Harl, (11/15/2009 1:56:10 PM)
meant to say the bullet that killed the officer, in the post above.
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