When Wintergreen Police Chief Dennis Russell was in Richmond the night of June 16, 2023, he received a phone call from a dispatcher telling him one of his officers had been killed.
The news was so shocking Russell asked the dispatcher to repeat what she had said. He immediately headed back to the Nelson County resort community in a 50-minute drive that he said usually takes an hour and 20 minutes to observe the aftermath of a chaotic scene that resulted in the murder of Chris Wagner II.
The Wintergreen officer and Stuarts Draft resident was shot five times in the head and once in the abdomen during a violent struggle over his firearm in a wooded area next to a resort cabin at 80 Arrowwood Lane. Wagner, 31, was responding to a report of a knife attack at the property when he encountered Daniel Adam Barmak, 23 at the time, who was naked, in a highly aggressive state and rushed at him despite the officer’s warnings not to move.
Barmak, now 25, was visiting Wintergreen from Towson, Maryland, on a weekend trip with two friends. He was sentenced Sept. 29 to 48 years in prison after pleading guilty in Nelson Circuit Court to second-degree murder, two counts of malicious wounding and use of a firearm in commission of murder. Judge Michael Doucette sentenced Barmak to the maximum punishment of 40 years on the second-degree murder charge, five years on malicious wounding and three years on the firearm charge, a mandatory minimum, and credited him with time served since his arrest.
“I am grateful that the judge obviously recognized the horrific nature of this crime and sentenced the defendant to the full 40 years,” Russell said of the murder charge. “Obviously, I feel that this is less than he should have received. But it is in keeping with the guidelines.”
Doug Ramseur, Barmak’s attorney, argued his client was not in his right mind that night due to a drug-induced state that caused him to act violently and out of character. He asked that Barmak serve 10 years and later noted the sentencing guidelines ranged from 15 years to 25 years.
Doucette, who admonished Barmak for his years of drug use to self-medicate, said he considered giving him more time. Barmak has 35 years of suspended prison time hanging over him that could be imposed if he doesn’t abide by court-ordered conditions.
Nelson Commonwealth’s Attorney Daniel Rutherford said he pursued second-degree murder and not aggravated murder, which would have a maximum punishment of life in prison, because of legal issues and the intoxication factor. He asked for the full 40 years on the second-degree murder charge and was glad the judge gave it.
“It’s a tragic case,” Rutherford said. “We lost an officer that we deal with on a regular basis up until that tragic June 16 day. No sentence will make anyone feel better.”
Russell said Wagner was doing his sworn duty when he was killed in a “cold, callous and calculated” manner, the most tragic event to hit the department of about 20 officers.
“Spending 40 years in prison, if that, does not equal the loss and hurt that has been felt by so many people,” Russell said.
Body camera footage from Wagner shown in court, which Barmak could not bear to look at just above his right shoulder on a screen, portrayed the horrifying few minutes of the violent struggle that led to Wagner’s death. Barmak and a family member of the slain officer also wept as it was shown.
“The body-worn camera footage is clear,” Russell said. “Officer Wagner had the right to shoot the defendant. There was an obvious threat to his life, but he chose to try and apprehend the defendant using other methods.”
After using a Taser and another device that Rutherford said had no effect on the defendant because of the effects of his drug-induced state, Wagner shot him in the leg.
“I believe that Chris did not want to take his life, however, the defendant did not share that benevolence,” Russell said. “Chris stood between good and evil knowing the dangers; he met the demon face to face. He fought and sacrificed his life doing what he loved doing, being a police officer.”
Barmak said in court he is grateful Wagner showed him mercy by not killing him and he will spend the remainder of his life trying to atone for his actions. The defendant’s sister also thanked the officer and Wintergreen Police Department for sparing her brother’s life.
“There is a family grieving over a great loss of an amazing person and police officer. The defendant’s family should recognize that those feelings will never go away based on the decisions made by the defendant,” Russell said. “After the sentencing, I met with [Wagner’s] family members and communicated with the father over the phone. The pain for them is real and palpable.”
Russell said Wagner’s family is thankful Doucette did not reduce any time on the murder count and shares the chief’s belief the punishment was not commensurate with the crime.
Mark Wagner, the victim’s father, said at Monday’s sentencing hearing that Barmak unnecessarily took the life of his son, who was trying to help him and his friends.
“We are all left with the wreck after that,” he said.
The facts of the case are bizarre.
Barmak was at the residence with Ryan Warshaw and William Spiller, his friends, when he showed strange symptoms after ingesting ketamine and mushrooms. Eileen Ryan, a forensic psychiatrist who interviewed Barmak, testified he suffered a psychotic break from reality, tried to jump a railing because he thought his body and soul were disconnected, and that his friends and the responding officer were demons.
Barmak bit Warshaw and stabbed him in the back. He struck Spiller with a club and chased him out of the house. And shortly after in police custody, he ate gravel on the ground and bit his own flesh.
Wintergreen police officer Timothy Smith, the second to arrive on scene that night, worked with Wagner for more than two years and testified he still deals with the trauma of seeing Wagner’s lifeless body. He decided to work more in the paramedic side of public safety after the killing.
Smith, who along with several officers, struggled to take Barmak into custody, said Wagner liked hiking, they regularly ate pizza together and they talked about mutual hobbies on overlapping Friday night shifts. He recalled others who worked on Wintergreen night patrols as officers and emergency responders.
“It destroyed that shift,” Smith said of Wagner’s murder.
Russell said Wagner was like a son to him and his death affected many people.
“Chris had such an amazing impact on Wintergreen, the county and the Office of the Commonwealth’s Attorney,” Rutherford said. “No amount of ‘I was high’ makes it better or mitigates anything.”
The prosecutor said it was important to state during the hearing not just how Wagner died but how he lived, supporting his family and putting his life on the line for others. Rutherford said he and his office work closely with Nelson County and Wintergreen officers who serve and protect the community.
“It’s a tragedy when one of them are hurt and killed,” Rutherford said.
The shooting was not an accidental discharge and the result of Barmak’s drug cocktail led to a path of destruction, Rutherford said. Since Barmak “woke up from a nightmare he didn’t know was real” that night, he hasn’t had a single infraction while in custody of police and the Albemarle-Charlottesville Regional Jail, Ramseur said.
Following a lobbying effort in the aftermath of Wagner’s murder, the Virginia General Assembly this year passed legislation that includes privately employed police officers as beneficiaries in the Line of Duty Act. Russell said just more than 500 eligible families being protected in the event their loved one is killed while on the job as part of the new law is a tribute to Wagner.
“Chris will always be remembered for the hero he is,” Russell said.
Source: www.dailyprogress.com