Judge Barnes' Widow to Sue Fulton, Sheriff

Judge Barnes’ Widow to Sue Fulton, Sheriff

Claudia Barnes, the widow of slain Fulton County Superior Court Judge Rowland W. Barnes, has put the county government and the sheriff’s department on notice of her intent to sue for damages arising from the death of her husband.

The judge died on the morning of March 11 as he sat on the bench conducting a civil hearing. Authorities say 33-year-old Brian G. Nichols, a rape defendant who overpowered the deputy guarding him in a holding cell area, walked into the courtroom from a chambers door, shot Barnes and then turned the gun on a court reporter, Julie A. Brandau.

Thomas W. Malone, R. Adams Malone and G. Brian Spears represent Claudia Barnes. Jeffrey R. Harris, who represents Brandau’s estate, said he will file a similar notice on Thursday.

As required by statute, the attorneys announced their intention to file the suit by sending ante litem notices to the Fulton County Board of Commissioners, the Fulton County Manager’s Office and the Fulton County Sheriff’s Department. No suit has been filed.

The notice does not give an amount for damages sought but states the judge’s widow “seeks an amount expressed in monetary terms equal to the full value of the life of the Honorable Rowland Barnes without deduction for necessary or other expenses had he lived.”

After killing the judge and his court reporter, Nichols fatally shot a deputy Sgt. Hoyt Teasley, as he ran from the courthouse, authorities say. Later that evening, authorities believe Nichols killed a federal agent, David Wilhelm, in Buckhead.

Nichols has pleaded not guilty to the murders and other charges. The state is seeking the death penalty.

The attorneys for Barnes’ widow wrote in the notice that Fulton Sheriff Myron Freeman and his employees “were negligent in the most basic and ministerial of their responsibilities.”

The notice sets out some of the alleged misconduct on the part of the sheriff’s department, including the contention that Barnes died with no deputy in his courtroom.

“Georgia law requires the sheriff or his or her designee to attend sessions of court,” the notice states, citing O.C.G.A. § 15-16-10. “Undoubtedly, the purpose of this statutory requirement is to afford a minimum of courtroom security. This basic obligation was breached. Over and above the obligation imposed by statute, there is no doubt that officials of the sheriff’s department were well aware of the extreme risk of violence posed by Mr. Nichols, but took absolutely no action to guard against it.”

The notice cites several sheriff’s office supervisors, who according to an internal affairs report, knew about the potential for violence posed by Nichols and failed to boost security in response.

According to an internal affairs investigation into the shootings, deputies already had identified Nichols as a possible danger before March 11 because he had tried to hide two pieces of metal in his shoes. The pieces of metal, which could have been used as weapons, were discovered two days before the shootings.

In the notice, the lawyers also criticized the actions of the sheriff’s department on the morning of March 11, saying certain deputies failed in their duties by not answering duress alarms and by not monitoring security cameras.

The filing of the Barnes notice comes shortly after a similar action by Teasley’s widow, who put Fulton and the state of Georgia on notice of her intent to file a $10 million suit. Deborah Teasley’s lawyers argue that the negligence of the sheriff’s department, the county commission and the state government cost the deputy his life.

Freeman could not be reached. Overtis Hicks Brantly, the county attorney, said she had not seen the letter.