South Bend officer given probation for sex crimes conviction

SOUTH BEND — Though a judge called his conduct of grooming and molesting a 16-year-old girl "outrageous," South Bend police officer Timothy Barber will not see any time in prison.

St. Joseph Superior Court Judge Jeffrey Sanford on Friday sentenced Barber to four years of probation in what he called "a difficult sentencing" after the Elkhart resident pleaded guilty to child seduction and official misconduct in July. Sanford's ruling was in line with the plea deal agreed to by Barber and the state that capped the officer's sentence at four years, though prosecutors and the girl Barber molested both indicated their desire for a more severe punishment Friday.

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"My whole life, I had been taught to look up to police officers. I trusted you, and you lied to me," the girl said, speaking at Barber's sentencing. "The memory of what you did and the trust you betrayed will always be with me."

The girl said she originally planned to be a police officer when she finished college, but after being molested by Barber, she no longer wants to join law enforcement.

"You groomed me. You told me you could help me, but your intention was to damage me," she said.

Prosecutors also argued that it will take "years" to rebuild the damage Barber's actions did to the reputation of the South Bend Police Department and all local law enforcement.

"In this case, the defendant deserves more than a slap on the wrist because he betrayed the trust of the community," deputy prosecuting attorney Rebecca Soto said.

Sanford, however, emphasized that the law prevented him from being vindictive with his sentencing decision and noted Barber would likely not receive any rehabilitation if he were sent to prison.

"I see a person with lots of support from family," Sanford said, noting a dozen of Barber's co-workers, friends and family who filled the back row of the courtroom. "But then I also see a person in a police uniform hitting on a 16-year-old."

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In addition to probation, Barber will register as a sex offender and will be ordered to have no contact with children outside his family.

Barber was first charged with two felony counts of child seduction, two felony counts of official misconduct and misdemeanor counts of public indecency and public nudity in October. The officer entered into a plea deal in July that saw prosecutors dismiss all but one count of child seduction and one count of official misconduct against Barber.

When Barber was first charged, South Bend Police Chief Scott Ruszkowski issued a statement saying he would terminate Barber if the officer were to be found guilty. As of Friday, a police spokeswoman said, Barber remains on unpaid leave, but Ruszkowski will seek his termination at the Sept. 21 Board of Public Safety meeting if Barber does not resign before then.

Speaking in court Friday, Barber apologized to the girl and her family in addition to his own family and the South Bend Police Department for tarnishing the force's reputation.

"I'm sorry for the many ways I hurt you. I was wrong and selfish," Barber said speaking to the girl. "Instead of protecting you, I became the monster I swore to protect you from."

Child seduction

According to court documents, members of the county’s Special Victim’s Unit began investigating Barber when the parents of a 16-year-old girl notified law enforcement they found texts between Barber and their daughter on her phone in early October 2021.

When detectives interviewed the girl, documents say, she said Barber would often come into the fast-food restaurant where she worked and talk with her while in full police uniform. He asked her for her phone number in July 2021 and the two began communicating, documents say.

In early August, the girl said, Barber picked her up from work in his squad car and drove to “a secluded location” in South Bend where he committed statutory rape, court documents say. Then again in early September, Barber picked the girl up from work and committed statutory rape in his squad car while he was in full uniform.

The girl told police she was intimidated by Barber and felt pressured to have sex with him because he was a police officer, court documents say. Barber also allegedly told the girl that he had “looked it up in the books” and that it was OK for him to have sex with a 16-year-old.

Investigators said in charging documents that they obtained GPS records from Barber's squad car on the days the girl said the sexual encounters took place. The GPS coordinates coincided with the girl's statements of the incidents, prosecutors allege.

Court documents detail two other allegations that Barber exposed himself while the girl was at work — once while she was working a drive-thru window and once when she was working outside. The counts of public nudity relating to those incidents are being dismissed, however, as part of the plea agreement.

Email Marek Mazurek at mmazurek@sbtinfo.com. Follow him on Twitter: @marek_mazurek

This article originally appeared on South Bend Tribune: South Bend cop will not see prison time in child seduction case