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Family files federal suit against police

Man killed by officer

PITTSBURGH — The family of a Butler Township man who died after being shot by police last year has filed a federal lawsuit, alleging police violated the man’s and his family’s civil rights.

The family of 25-year-old Kristopher “Kit” Barkus on Friday filed a lawsuit against state police Trooper Brian Knirnschild, state police Corp. Daniel Herr, a state police trooper who only is partially identified, and either a Butler city or Butler Township police officer who is unidentified and any other state police troopers who assisted the other officers during the incident in which Barkus was killed.

The suit was filed in federal court in Pittsburgh.

On the evening of June 6, 2014, Knirnschild shot Barkus at least twice after Barkus, allegedly appearing to be carrying a handgun, came to Knirnschild’s home. Both Barkus and Knirnschild lived on September Drive.

Barkus was pronounced dead at Allegheny General Hospital in Pittsburgh at 10:31 p.m.

Butler County District Attorney Richard Goldinger did not file criminal charges against Knirnschild. He said at the time that under the Castle Doctrine, Knirnschild had a right to protect himself and his home.

The Barkus family is suing for, among other things, wrongful death, false arrest, seizure without probable cause, civil conspiracy and the infliction of emotional distress. They are requesting a jury trial, seeking unspecified monetary damages.

According to the suit, Barkus had been developing psychological conditions, and Knirnschild knew that and was on good terms with the family. On May 13, 2014, the lawsuit said Barkus went to Knirnschild’s house to ask to be arrested. Knirnschild declined, and later went to Barkus’ house to talk to his family.

On June 6, Barkus left his house about 8 p.m. with a backpack, which among other items contained an Airsoft pistol, which had an orange tip. Following this, his brother, Bobby Barkus, got in his car and began to look for his brother.

Bobby Barkus found his brother outside Knirnschild’s house and called for him. The lawsuit said Kit Barkus went to his brother’s car to get in.

At this point, Knirnschild came out of his house and aggressively asked what Kit Barkus was doing there, the lawsuit said. Kit Barkus then walked away from his brother’s car and toward Knirnschild’s property.

The lawsuit alleges that Knirnschild told Kit Barkus to stop and pointed a handgun at him. Barkus stopped, said “I need help,” and pulled the Airsoft pistol out of his backpack and pointed it at his own head, the lawsuit said. The orange tip was visible, the suit stated.

Knirnschild told Barkus to drop the gun and then fired on him. The lawsuit said Knirnschild continued to fire at Barkus after he fell to the ground, firing five rounds. The sixth round apparently misfired, and the suit said Knirnschild threw the gun toward Barkus and ran back in the house after the misfire.

The family, according to the lawsuit, believes Knirnschild did not give enough time for Barkus to comply with his request.

Following the shooting, Bobby Barkus drove his brother to Butler Memorial Hospital, and then he was taken to Allegheny General by helicopter.

While at Butler Memorial, police asked Bobby Barkus to give a statement. Shortly after this, a state trooper, identified only as Trooper Buback, arrested Bobby Barkus but would not tell him why he was arrested.

He eventually was taken to the state police barracks in Butler by Herr.

According to the suit, police would not give updates on his brother’s condition, and at one point told him his brother was still alive even though he already was dead.

Bobby Barkus’ aunt, attorney Marianne Sullivan, arrived at the barracks and the suit said she was denied access to him, despite acting as his lawyer. Barkus eventually was released at 1:30 a.m.

The suit said, once the family arrived home, police kept them in the living room while waiting for a search warrant. Sullivan allegedly was not allowed to ensure the warrant was executed properly.

Additionally, the suit said the family was denied requests for an investigation of the shooting.

The suit said Bobby Barkus has suffered from depression, anxiety and post traumatic stress disorder since the incident, causing him to resign from his job at Dollar Bank.

His mother, Pamela Barkus, has suffered from depression and anxiety, and his father, Robert Barkus, has suffered high blood pressure.

Al Lindsay, the attorney representing the Barkus family, declined comment, saying the suit speaks for itself.

Trooper Adam Reed, a state police spokesman, also declined to comment.

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