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Family settles suit against T.F. police in teen's death

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Idaho Counties Risk Management Program is paying for brochures and school resource officer training on the topic of teen suicide, since settling a lawsuit with the family of Josh Barnes, an 18-year-old who killed himself with a gun during a 2007 raid by Twin Falls police.

The settlement was announced Friday by the attorney for Barnes' family, Laird Stone.

Barnes' parents filed suit in federal court in August 2008 against the Twin Falls Police Department, which was defended through ICRMP. The suit alleged that police violated policies and Barnes' rights during the raid at the R.V. Barn on Feb. 7, 2007. Police had an arrest warrant for Barnes on a charge of aggravated battery, but he did not come out alive.

In the lawsuit, the family argued there was no justification for the raid, and that SWAT officers forced an entry into their business where Josh Barnes was alone and held no hostages.

Under the settlement, ICRMP paid $300 to print 500 brochures titled "help prevent teenage suicide" that the city's four school recourse officers will disperse to Twin Falls students, according to Stone and the city's lawyer through ICRMP, James Davis, in Boise.

ICRMP will also fund an unspecified amount of training for resource officers concerning teen suicide issues. ICRMP is also making a $2,500 donation to the American Legion Baseball scholarship fund in the name of Barnes, "to keep his good memory alive," said Stone, who has served on the State Board of Education.

Stone and Davis agreed a sum of money is not part of this settlement.

Lawyers for the city's insurer, ICRMP claimed in court records that the government doesn't have a duty under the U.S. Constitution to protect someone from committing suicide.

A federal judge still needs to sign an order to officially dismiss the matter, which lawyers expect to happen soon.

But the case has reached its end, without winners or losers, according to Stone and Davis.

"It was settled in a very good fashion," said Stone, adding that the settlement is "beneficial to the community." The Barnes family requested Stone speak for them, he said.

Each side will pay its own attorney fees, according a stipulation for dismissal filed Thursday in federal court. Twin Falls police declined Friday to comment on the settlement, referring calls to Davis.

"This isn't one of those cases where somebody wins and somebody loses," said Davis on Friday. There was, he said, "an effort by everybody to take a horrible tragedy and try to turn it into something that is positive."

City police empathize with the Barnes family for their loss and contend they acted appropriately during the incident, said Davis. "Everybody tried to do the right thing," he said.

The settlement will be funded through ICRMP and not the city budget, Stone said..

The pamphlet that resource officers may disperse to students tells "Josh Barnes' story" and gives risk factors, signals, facts and resources about teen suicide, including phone numbers for the National Suicide Prevention Lifeline.

"Unfortunately, Josh lost his life to a battle with non-recognized emotional issues," the pamphlet says. "Despite his parents' struggle to treat Josh with all of the programs recommended by today's society, they lost the fight to help their son."

Life is the better choice over suicide, according to the pamphlet. "It is Josh's parents, family and friends that want to reach out to those other young individuals struggling in hope to give them the strength to never give up, to know that there is help, and people who do care."

In Idaho, suicide is the second leading cause of death for young adults and adolescents, according to the Suicide Prevention Action Network of Idaho.

Andrea Jackson may be reached at ajackson@magicvalley.com or 208-735-3380.

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