City Pays $14.9 Million

In the summer of 2022, a Tacoma Police officer set a gun on a sidewalk for a suspect to pick up after the officer left the scene of a shooting. 

A few days later, the suspect used the same gun to shoot Jay Barbour. A bullet severed Barbour’s spine and paralyzed him from the waist down.

ML Law Files Claim

Mark Lindquist Law filed a tort claim on behalf of Barbour in September of 2023. Lindquist alleged the officer acted negligently and dangerously.

“Giving a gun back to a criminal suspect in a shooting is beyond negligent. It’s beyond reckless. It’s crazy,” Lindquist said.

$14.9 Million Resolution

After a year of litigation and preparation, and a lengthy mediation, the Tacoma City Council approved a payment of $14.9 million to resolve the case.

“We are gratified by the accountability and justice,” Lindquist said. “While nothing can fully compensate Jay and his family, the city has tried to make things right to the extent possible.”

Earlier this year, the city terminated the officer who left the gun on the sidewalk. Body camera footage captured the conversation between the officer and the suspect.

On camera, the officer tells the shooting suspect, “We’re going to give you your gun back.”

As a former elected Pierce County Prosecutor, Lindquist said he was impressed with the thoroughness and integrity of the Internal Affairs Investigation that resulted in the officer’s termination.

In addition to terminating the officer, the city suspended the on-the-scene Sergeant for twelve days. The officer claimed his Sergeant approved the return of the gun to the suspect. This was denied by the Sergeant. 

Accountability & Justice

After the suspect, Mason Taylor, shot Barbour, he was charged with Assault in the First Degree and Drive-By Shooting by the Pierce County Prosecutor’s Office, but the Drive-By Shooting charge was dropped in a plea bargain.

“Accountability and justice will come in our civil case,” Lindquist said when his firm filed the claim.

Mark Lindquist Law was voted “Best Personal Injury Firm” in Pierce County 2024.

Media Coverage

Local media heavily covered the case, including KOMO TV, KING 5, KIRO 7, FOX 13, and the Tacoma Weekly, where Matt Nagle wrote an insightful article about Mr. Barbour’s challenges.

After accountability and justice were achieved in the resolution, local coverage continued and the story also went national.

As a reporter for the Tacoma Weekly wrote, “When he filed the claim, Lindquist vowed, ‘Accountability and justice will come in the civil case.’ A year later, Lindquist delivered on that vow.“

Barbour owns Mediterranean restaurants in Tacoma and Federal Way. Customers and others in the community expressed their heartbreak to the media after the shooting, referring to Barbour as “beloved” and “a one-of-a-kind guy who truly cared about his community.”