Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Social Media Foils Illegal Gun Sale & Leads to Additional Arrest of Indiana Couple after Cops find a Video of them Baiting a Baby to Put Gun in Her Mouth

This pair have twin one (1) month old children together and Toni has a one (1) year old child from another father, although all three (3) children live, er, lived, with this not-so-dynamic duo.  Fortunately for the unsuspecting babies this pair of douchebags are now in custody and the children have been removed sheltered for protection against mom and dad / step-dad.

Barnes was arrested on Thursday, January 8th, 2015 in Evansville, Indiana for trying to sell a firearm to an undercover police officer.  The transaction was brokered over social media and resulted in Barnes arrest for carrying a handgun without a permit and resisting arrest with a firearm.  He was also booked on an outstanding warrant for armed robbery.

Further investigation prompted cops to search through Barnes' cellphone (which was impounded upon his arrest) and while doing so they came across two 92) videos of a baby (which turned out to be Toni's one (1) year old) with what appeared to be a firearm in her mouth.  More disturbingly, in the background male and female voices could be heard egging the child on, with the male, Barnes, saying "say 'pow'" repeatedly.  (A link to the video is found in the attached article and also here.)

The following day police interviewed Wilson (mom) who claimed that the gun in the video was a pellet gun, but that didn't jibe either with what Barnes had said or with what cops (& ATF agents) claim, i.e. that the gun in the bay's mouth is the same .40 caliber pistol that Barnes had agreed to sell to to U/C officer per his social media contract.

All three (3) young children have been removed and sheltered, Barnes and Wilson are in custody and, in addition to the charges relative to the botched gun sale and Barnes' outstanding robbery warrant the pair have also been charged with child neglect and criminal recklessness with a weapon for their incredibly dangerous douchebaggery.  

Memo to the Folks:  I don't have access to the reports / facts / evidence and am limited to the various articles that I read for my dissertation.  However, I must point out that cell phones are impounded in conjunction with almost every arrest everywhere (few folks do not have cell phones), but just because the cops have impounded your phone does not give them the right to search it.  In order to LAWFULLY do so the cops must first either secure a search warrant or have a legitimate exception to the warrant requirement (i.e. consent, a true to life emergency, etcetera).  You cannot stop the cops from applying for a warrant any more than you can stop a Judge from granting it, but you do not have to make t easy for them either.  Make sure to password protect your phone and do not give your code to the cops.  If they search either without a warrant or a viable exception to the warrant requirement then the evidence derived will be inadmissible (we call this sort of illegally obtained evidence "the fruit of the poisonous tree").  In this case there is no apparent basis to obviate the need for a warrant to issue preceding the search, so unless Barnes consented there is a good shot that the videos will be suppressed, rendered inadmissible and that the neglect and recklessness charges would therefore be dropped.  Fortunately for the kids that should not preclude the State proceeding with a civil dependency action against this now infamous duo.

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