Kevin Barnes, right, is accused in the fatal beating of Janard Geffrard, left, at the Broward County Jail. (Barnes’ mug shot from Broward County; Geffrard’s photo from his family’s attorney)
An inmate accused in the fatal beating of his cellmate in a Florida jail because he was gay and “smelled and never cleaned himself” faces new charges as a probe is launched into the actions of deputies who allegedly waited 20 minutes to respond to the fracas caught on camera.
Kevin Barnes, 35, is accused in the Dec. 16 fatal beating of Janard Geffrard, 29, at the Broward County Jail.
Geffrard’s mother, Marcia Irving, was hurt, shocked and baffled by the circumstances of her son’s death.
“We just want to know what happened,” she told Miami Fox affiliate WSVN. “How did they let him down like that?”
Josiah Graham, the family’s attorney, told Law&Crime in an email that the family will file a lawsuit “if the county doesn’t do the right thing by paying Janard’s 10-year-old son for this tragic loss.”
“This case presents an unbelievable tragedy, that was most certainly preventable,” he said. “To be mercilessly beaten for over 21 minutes without anyone coming to intervene is appalling. We will do everything in our power to get answers for the family and ensure that something like this can never happen again.”
Barnes’ public defender did not immediately respond to a request for comment from Law&Crime.
The attack happened while Geffrard was in custody for an alleged burglary and had been awaiting a placement determination, which could have resulted in him being transferred after having been declared incompetent to stand trial.
An arrest report obtained by Law&Crime outlines the allegations and alleged statements by Barnes as to why he committed the offense.
Deputies responded to seventh-floor Bravo unit 3 on Dec. 16 at 4:24 p.m. in regards to an unresponsive inmate. A deputy doing his rounds found the victim unresponsive and bleeding from his mouth on the floor inside cell 3. His cellmate, Kevin Barnes, was detained and removed from the cell pending further investigation, the report said.
The victim was taken to Broward General Hospital in critical condition. He suffered a left fractured rib, fractured sternum, and pulmonary bruising. He was put on a ventilator and remained unresponsive until he died on Dec. 26.
At the Broward Main Jail in Ft. Lauderdale, investigators reviewed surveillance video from a camera in front of cell 3 that captured the alleged beating.
On it, at 4:24 p.m., Barnes can be seen putting the victim in a chokehold from behind. He can be seen kneeling with only his head in view, the police report said.
Barnes remained in this position for about two minutes until 4:26 p.m., before letting him go, walking away and pacing the cell for the next 10 minutes. During that time, the victim cannot be seen on video.
At 4:36 p.m., Barnes walks to the front door and makes a “stomp-like maneuver with his feet toward the ground, where he had Greffard in the choke hold position,” the report said.
Barnes continues to pace for several minutes before a deputy walks up the stairs to the door and looks down inside the cell at 4:43 p.m.
The deputy finds Greffard lying on the floor against the wall. Additional personnel arrived, including nurses, and they began resuscitation efforts.
At 5:17 p.m., Fort Lauderdale Fire Rescue took him to Broward General Hospital.
“It should be noted at no point did Barnes attempt to notify deputies of the victim’s condition or attempt to get the victim medical assistance in the almost 20 minutes that elapsed after he choked the victim,” the report said.
At the jail hours later, Barnes allegedly confessed.
“Barnes explained that he did not agree with his lifestyle because he was ‘gay,’ and that upset him,” the report said.
Barnes explained that his cellmate kicked him first and then he struck him with his closed fists, the report said.
“Barnes admitted that he placed him in a choke hold and later kicked him to see if he was alive,” the document said. “Barnes stated that he was upset because he smelled and never cleaned himself.”
He allegedly told investigators he woke his cellmate up that afternoon and began insulting him, telling him he needed to clean up and brush his teeth. He then got upset and stood up.
Barnes said he then “turned up,” meaning he struck and beat the victim, the report said.
He allegedly said that while he was choking and beating him, he realized he “may and could take his life.”
“At that moment, he chose to ‘spare his life,’” the report said.
When an investigator told him that Geffrard was in critical condition with fractured ribs, Barnes allegedly said, “he got what he deserved.”
Barnes was arrested for attempted murder and evidencing prejudice while committing offense because he admitted he committed said crime in part because the victim was “gay.”
In a statement, the Broward Sheriff’s Office said it was investigating.
“BSO’s Internal Affairs Unit has an open and active administrative investigation into the incident, and two BSO employees, a detention deputy and a detention technician, are currently on administrative investigative leave with pay.”
Barnes has a hearing competency placement court date on Jan. 30. Online court records show the charge remains attempted murder as of Wednesday afternoon. A spokesperson for the Broward County State Attorney’s Office declined to comment, citing the ongoing investigation.
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