Freed prisoner files 2nd lawsuit
BY JARREL WADE World Staff Writer
Saturday, August 25, 2012
8/25/12 at 3:24 AM
Grand jury investigates police corruption: Read all of the stories, view a timeline and read key documents.
A man who was wrongfully imprisoned and has a federal lawsuit pending against the city of Tulsa filed a second lawsuit this week, this one against the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, records show.
Larry Barnes, who was convicted and sentenced in 2008 on felony drug charges, was freed from federal prison in 2009 as a part of a police corruption probe.
Barnes is one of at least 46 people who have been freed from prison or had their cases modified because of civil rights violations or potential problems with their cases as a result of the scandal.
A federal investigation of Tulsa police officers and a federal agent began as early as 2008 and resulted in charges against six current or former Tulsa police officers and the federal agent, as well as accusations of criminal behavior against five officers who were never charged.
Barnes' first lawsuit, filed in 2010, is one of at least 14 lawsuits that have been filed against the city.
Former ATF agent Brandon McFadden testified to fabricating the drug buy that resulted in Barnes' charges.
The alleged informant used for the drug buy, Ryan Logsdon, testified in court that McFadden and convicted officer Jeff Henderson used Logsdon to fabricate the investigation.
Henderson, who was convicted on eight of 53 counts in August 2011, was acquitted on counts related to Barnes.
Henderson was sentenced in December to 42 months in a Yankton, S.D., prison.
McFadden, who pleaded guilty, is serving a 21-month sentence in a federal prison near Dallas.
Before he was set free, Barnes faced two five-year sentences.
Barnes' daughter, Larita Barnes, also was convicted in connection with the investigation and faced two 10-year sentences. She was freed from prison at the same time as her father.
Larita Barnes also has two lawsuits pending in federal court - one against the city of Tulsa and another against the federal government.
Larry Barnes' lawsuit filed this week alleges negligence by ATF officials when they were told about police corruption.
During Henderson's trial, the first defense witness was ATF agent Josh Petree, who testified that he helped execute as many as 100 search warrants with Henderson.
Petree's testimony served the defense to discredit McFadden's testimony.
Barnes' lawsuit against the ATF uses Petree's testimony to allege that ATF supervisors were aware of problems with McFadden but did nothing to stop them.
"I expressed my opinion about McFadden a couple of times to my supervisor," Petree said during Henderson's trial. "I thought Agent McFadden was stealing."
Petree's testimony did not go into detail about what he told his supervisor.
Barnes' lawsuit, which lists his wife, Linda Sue Barnes, as a co-plaintiff, claims damages on two actions, each seeking relief in excess of $5 million.
Police corruption probe leads to cases against six officers
The federal investigation of Tulsa police officers and a federal agent began as early as 2008 and resulted in charges against six current or former Tulsa police officers and the federal agent, as well as accusations of criminal behavior against five unindicted officers.
At least 45 people have been freed from prison or had their cases modified because of civil rights violations or potential problems with their cases.
Additionally, at least 14 lawsuits have been filed against the city and individual police officers as a result of the police corruption investigation.
The law enforcement defendants:
Bonham was charged with five counts and DeBruin was charged with six counts related to theft of U.S. funds, civil rights violations, drug possession and possession of firearms. The Tulsa Police Department fired DeBruin and Bonham on Jan. 20 for failing to follow policies regarding "conduct unbecoming an officer" and "duty to be truthful and obedient."
- Jeff Henderson, who was hired by the Tulsa Police Department in 1995, was convicted on two counts of civil rights violations and six counts of perjury. He was acquitted on 45 counts of perjury, civil rights violations, drug conspiracy and witness tampering. Henderson was sentenced to 42 months in prison, which he is serving in South Dakota.
- Brandon McFadden, hired as an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives in 2002, was sentenced to 21 months in a Texas prison after pleading guilty to drug conspiracy. McFadden cooperated with prosecutors.
- John K. "J.J." Gray, hired by the Tulsa Police Department in 1990, pleaded guilty to stealing money and was sentenced to four months in a Louisiana prison. He was released May 1. Gray cooperated with prosecutors.
- Harold R. Wells, hired as a Tulsa police officer in 1975, was convicted on five counts, but a federal judge later dismissed one count. Wells was sentenced to 10 years in federal prison, which he is serving in Minnesota.
- Three police officers - Nick DeBruin, Bruce Bonham and Bill Yelton - were acquitted on civil rights violations in two cases.
Yelton retired in May, about nine months after police announced that an internal investigation was under way.
Original Print Headline: Freed prisoner files 2nd lawsuit
Jarrel Wade 918-581-8367