Case # 116-2586 2016-72 EF STATE OF NEW YORK =: COUNTY OF TOMPKINS CITY COURT CITY OF ITHACA ‘THE PEOPLE OF THE STATE OF NEW YORK FELONY -VS- COMPLAIN Defendant; Justin R. Barkley 07/25/ Address: 1279 Dryden Rd Ithaca, NY 14850 ACC ON Be it known that, by this Accusatory Instrument, | Sergeant Melissa A. Harmon [as the Complainant herein, accuses _| Justin Barkley the above named defendant with having committed the offense of ‘Murder in the Second Degree in violation of section 125.25, subdivision 1 of the New York State Penal Law Law. A Class A-I Felony offense, nt:Z Hd G- 9308182 FACTS (On or about the 8" day of December 2016, at about 12:52AM While located at 135 Fairgrounds Memorial Parkway in the City of Ithaca New York a person is guilty of Murder in the Second Degree when; with intent to cause the death of another person, he causes the death of such person or of a third person; To Wit At the aforesaid date, time, and location the defendant did: Intentionally cause the death of one William E. Schumacher by shooting Schumacher in the torso area with a firearm believed to be a .30-06 (30 Ought 06) rifle. ‘All Contrary to the provisions of the statute in such case made and provided. The above allegations of fact are are made by the complainant herein: (1 Upon direct knowledge [XJ Upon information and belief, with the sources of the Complainant's information and the grounds for his belief being: Witness statements attached hereto, Verbal admissions by the defendant and Police Investigation [1 Wherefore the Complainant prays that a warrant be issued for the arrest of the said defendant. weet ‘Sergeant Melissa A. Harmon | Complainant | NOTICE (Penal Law, Section 210.45) It is acrime, punishable as a Class A misdemeanor under the laws of the State of New York, for a person, instrument, to knowingly make a false statement, or to make a statement which such person does not b and by a written jeve to be tue, ‘Affirmed under penalty of perjury this 8th day of December, 2016. Angled __ ‘omplainant|STATE OF NEW YORK COUNTY OF TOMPKINS LOCAL CRIMINAL COURT CITY OF ITHACA = } THE PEOPLE OF THE STATE OF NEW YORK} 3 } 2 -against- } NOTICE PURSUANT 8 J TO CPL SECTION o Justin R. Barkley DOB 07/25/78 } 710.30 = Defendant } 2 1? = PLEASE TAKE NOTICE, that pursuant to Article 710.30 of the Criminal Procedure Law, the People intend to offer into evidence in a trial of this matter: Statements, admissions or confessions made by the Defendant to a public servant, to wit: During an interview of the defendant, Justin R. Barkley, while at SP Ithaca on December 8", 2016, that commenced at approximately 10:36am, the defendant stated that he had driven his vehicle to Walmart in the City of Ithaca, and shot a man in the chest with a 30-06 caliber rifle. Barkley also stated that he had intentionally driven over the body of the victim and spun his tires, before subsequently being involved in a brief pursuit with the police behind him, Barkley stated that he pulled his vehicle into the driveway of his residence, exited his vehicle, and fired a “sound shot,” in an effort to prevent the police officers from exiting their patrol vehicles The interview of the defendant was video recorded, and a copy of the video recorded interview with said admissions, as well as other admissions made by the defendant, will be introduced as evidence at trial Notice: In a written instrument, any person who knowingly makes a false statement, which such person does not believe to be true, has committed a crime in the State of New York punishable as a Class A Misdemeanor pursuant to section 210.45 of the New York State Penal Law. Affirmed under penalty of perjury this 8" day of December, 2016 ee Harmor Sergeant Ithaca Police DepartmentIthaca Police Department Voluntary Statement CR#: 116-22586 ee | State of: New York County of: Tompkins | Date: 12/08/2016 | Place: Ithaca Police Department Time Started: 01:57 AM. 1, the undersigned, KEDACTED _ 1m 38 years of age, having been born on REPACTEDR I now ‘OAC live at? PEOACTE D Lake the following statement on my own free will: On 12/08/16 at approximately 12:52 Am I was standing at the rear of my car inside of the Walmart parking lot scratching my phone card that I had just purchased inside. My car was parked next to the sidewalk close to the Market side entry approximately 4- 5 parking spots from the building, My car is a 1996 cream white Audi. ! was facing Southbound toward Burger King and Speedway, scratching my phone card when I heard a loud crack or a pop. It sounded like a fire cracker or an M80 to me. J only heard this noise once. I looked up and I saw a white male fall straight down onto his stomach. 1 continued to look around and | observed a newer black pick up truck with an extended cab parked direetly in front of a yellow light pole in the parking lot facing Northbound. The truck was possibly a Toyota Tundra but | am not sure, {looked into the driver's window and I saw a white male in the driver's seat who was sticking his head just outside the window to look behind the truck towards the male who had just hit the ground. ‘The male driver in the truck then put his head back inside the window, rolled the window up, then proceeded to back his truck up out of the parking spot. The truck then continued to drive forward towards the Walmart entrance. The truck ran over the male who was laying on the ground. 1am unsure which tires on the truck ran over the male but it appeared the male on the ground was run over right across his back. The truck then continued infront of Walmart, took left driving in front of the entrance then continued to leave the Walmart parking lot. The truck then took a left onto route 13 heading Northbound The white male in the truck did not appear to be in a hurry until after he ran over the guy on the ground, he rolled up his window and backed out of his parking spot like a normal customer. As NOTICE: FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW. This statoment was completed at _37(¥ om onthe CE of Decent »20_1b witness simed his SP dgyot Desmber 20 1e WITNESS: Ki 7 Signature ofp on giving voluntary statementIthaca Police Department Voluntary Statement the truck was leaving I was not able to see the license plate, I am unsure what state or what color the Plates were but ] was able to see some lettering on the side of the truck. I saw "TRD" in red or orange lettering on the passenger side of the truck which was located above the pasenger side wheel well. J am unsure but it also appeared that the white male driver was alone inside of the truck. During this incident I was unable to get a good look at the white male driver, | only remember that he was a white male. I did not see any weapons coming from the truck or anywhere else during the incident. also remember seeing the male who fell to the ground inside of Walmart just before this incident took place. I was inside of Walmart at a cash register number 20, or 21 neat the cigarettes to purchase my phone card. The male who fell on the ground outside was behind me inline. 1 remember making small talk with the guy about some over sized lighters that we saw near the register. The male that fell to the ground was wearing a UPS uniform. The male appeared to be in a good mood and was joking and laughing with me. Nothing stuck out as odd to me about this person's demeaner at the time. I was infront of the male in line so we did not walk out at the same time. I did not see the male walk out of the store, I was at my vehicle scratching my phone card then the incident occured. 1 didn’t really pay attention to what was going on in the parking lot until | heard the crack or pop sound. As soon as I looked up I save the guy fall to the ground. It took mea couple minutes to realize the male who fell outside was the male who was behind me in line. {called 911 as the truck was still in the parking lot. told the 911 dispatcher that the truck was teaving the parking lot. The dispatcher asked me if | could see the guy and asked me to check on him. 1 saw blood next to him, he was face down on his stomach, he made a couple movements he appeared as if he was breathing. I didn't move him or anything, The police showed up right away. This is all 1 remember about this incident at this time. PURSUANTE ARSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MRBEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW. woos Thisstatement was completed at Tu denon the PE of Dewwmber ib = SSE SEES EEEe Signed thet PO soy ot Tecrra 2016 ~ 7 Signature of person geo tary saIthaca Police Department Voluntary Statement CR#:116-22586 State of: New York ___| County of Tompkins Date: 12/8/2016 Place: 120 E Clinton Street Time Started: 2:00 AM ‘the undersigned, REDACTED am 32 years of age, having been bom on KEDACTED) 1 now live at REDACTED - [make the following statement on my own free will: l arrived at Wal-Mart somewhere around 11:40 PM on Wednesday 12/7/16. 1 pulled up at one of the first parking spots close to the building between the two doors. I was sitting in the Parking lot playing my games on my phone. At approximately 12:20 AM I heard a truck pull up, looked over and saw that it was a UPS truck and didn't really think much else about it. The UPS driver walked in front of me and into WalMart. He was in WalMart approximately 15 minutes. The UPS driver came out of WalMart around 12:35 AM carrying a WalMart bag with something small and heavy in the bag. | thought that it was probably a drink. He walked across the parking lot past my truck toward where he had parked his truck. It seemed like a few minutes had passed, then I heard what sounded like an explosion. I could feel the vibration from the explosion sound. I looked South and East. I was looking at the powerlines because | thought it could have been a transformer because the sound seemed like a sound I had heard in the past ofa transformer exploding. | was looking for the light from the transformer. I heard the screeching of the truck tires and saw the truck (a black Chevy Silverado) he begins to drive toward the store, he swerves over toward my direction as iffhe was avoiding something in the road, then I see his truck bounce as if it had hit something. He continues to pass me makes a left and another left to go toward the exit to 13. I still didn't think anything of that because he was probably the fourth person to drive like through the parking lot. I continued to play my game and a car pulled up about two minutes later facing toward the store. 1 got out of my truck at that time and start to walk toward the store, a cop had pulled up to where the car was stopped in the parking lot. I heard somebody telling the cop that he cither still had a pulse or was still breathing and the cop said somethig was coming, | assumed an ambulance. Then the cops Started putting up tape and | saw the guy on the ground and started to walk toward the cops to NOTICE: “FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW. This statement was completed at 2°56 am onthe $4 of Decmbe- _,20_ Ie WITNESS: _Z2— Eee fein dalkof Dedembe 20 IG WITNESS: tatementIthaca Police Department Voluntary Statement tell them what | had seem. They were telling everybody to get out of the area so ] went in the store and got my soda and sour cream. | put my stuff down at the register and went to the bathroom. J came out of the bathroom and heard the officers were in the office. I] went over to the office and told the officer about the white guy in the black chevy Silverado that had screeched through the parking lot after loud explosion sound. The officer passed the information | gave him along and asked the female officer if she could get my statement. The female officer asked if I would give a statement and I told her that I would. I rode with the officer to the police station and gave this statement { didn't really get a good look at the guy in the black Chevy Silverado, He kept looking forward all T could tell was that he was a white male that looked like he could have been thinner. I never saw him out of his truck. I don't know if the truck was parked in the parking lot before the explosion or not. I didn't take notice of the truck until he was backing up screeching his tires after the explosion. The explosion didn't sound like rifle fire, It sounded louder and I felt it. | have never had guns fired towards me in that type of setting, The only place I have heard a gun louder would be firing inside. I shot an AR yesterday while in the woods and it didn't sound like that, There are three rifles in my truck now that are higher powered than an AR that I have shot before. NOTICE: FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW, WITNEs: WITNESS: