Lawmen returned to duty, shooting victim hospitalized

Wednesday, October 6, 2010

The Oklahoma man who was shot by police officers late last month was arrested and formally charged on Friday when he was released from Vanderbilt Medical Center.

Cody Dale Barker, 31, of Blanchard, Okla., was then transported to another medical facility for further medical treatment, according to a press release from Marshall County Sheriff Norman Dalton.

Dalton said he understood Barker was admitted to the Middle Tennessee Mental Health Institute in Nashville for analysis.

"The subject kept asking the officers to kill him, and to shoot him in the head,"

Sheriff's Detective Bob Johnson wrote in his report. When officers caught up with (Barker) inside the empty factory, Johnson reported, they told him to put his hands up, but he "bent over and ran his right hand down his pant leg...the subject then straightened up and Deputy [Tony] Nichols saw what he described as a 'shiny object' in the subject's hand and it appeared to be a weapon... subject then came up and lifted his right hand toward the officers."

Three lawmen were therefore confronted with a threat and they defended themselves, police agencies have reported. All three were placed in an administrative status as a routine measure after a shooting.

Nichols returned to patrol duties on Monday, after being placed on administrative leave with pay while the shooting was investigated. Tennessee Highway Patrol Trooper David Hill and Chapel Hill Police Sgt. Chris Cook were also involved in the shooting. Cook has returned to duty. Hill returned to regular duty Friday, Safety Department spokesman Mike Browning said.

The shooting was on Sept. 26.

Barker is charged with three counts of aggravated assault, possession of a weapon for the purpose of going armed, resisting arrest, burglary, driving under the influence, possession of a Schedule I drug (Ecstasy) for resale, two counts of leaving the scene of an accident, two counts of failure to give immediate notice of a crash, and two counts of reckless endangerment. Barker is to be held without bond until an appearance in General Sessions Court on Nov. 30.

"The TBI's investigation into the officer-involved shooting from a couple weeks ago in Chapel Hill is still ongoing at this time," TBI spokeswoman Kristin Helm said.