Testimony heard in case of slain Wintergreen police officer who lived in Stuarts Draft
LOVINGSTON — It started as a summer weekend trip for three buddies hoping to golf and enjoy nature in Nelson County. It would end with a Wintergreen police officer being killed during a drug-fueled melee, according to testimony heard Wednesday at a preliminary hearing in Nelson County General District Court.
The hearing was held for 23-year-old Daniel A. Barmak of Owings Mills, Maryland, who is accused of killing Officer Christopher Wagner II, 31, the night of June 16. Wagner lived in Stuarts Draft and worked for the Wintergreen Police Department.
Barmak is charged with aggravated murder of a law enforcement officer, malicious wounding, and use of a firearm in the commission of a felony. He is facing the possibility of life in prison.
Testimony at the preliminary hearing showed that Barmak, who attended Towson University in Maryland, went to Wintergreen with two friends, Ryan Warshaw and William Spiller, both also 23.
The first night of the trip was uneventful, but after allegedly snorting more than 20 lines of ketamine over a two-day period, Barmak — who reportedly also brought along a large bag of psychedelic mushrooms — became erratic the following night, according to testimony. Warshaw and Spiller told police Barmak ingested ketamine, mushrooms, and alcohol, and also smoked marijuana. Toxicology testing for ketamine was positive, according to court records.
Warshaw, who went to Towson University and was Barmak's fraternity brother before also working with him in the insurance field, said on June 16 while staying at 80 Arrowwood Lane in Wintergreen, the three friends worked remotely before going to a local cider spot that afternoon, according to his testimony Wednesday.
Afterward, they went on a hike. It was during the hike that Barmak began exhibiting strange behaviors, Warshaw said, and started making "weird motions with his hands and whatnot."
Later that night, the three men sat on a porch sipping cider and watching the sunset at the rental owned by one of Spiller's relatives. Warshaw called it a "perfect night" but noted Barmak was uncharacteristically quiet. Out of the blue, Barmak rose from his seat and tried to hurl himself over a balcony before being stopped by his two friends.
After taking Barmak inside and attempting to calm him, Warshaw said he spotted a bag containing a powdery substance on top of Barmak's laptop. Unbeknownst to Barmak, Warshaw said he snatched the bag and flushed its contents down the toilet. After being given a glass of water, Barmak became aggressive and hurled it at Warshaw's head, missing him but shattering the glass.
Warshaw said Barmak jumped on him and began throwing punches as Spiller tried to intervene. Warshaw and Spiller retreated upstairs, where they said Barmak followed them before grabbing a steak knife from the kitchen. During the melee, Warshaw said Barmak stabbed him in the back. As they grappled on the floor, Warshaw testified that Barmak tried thrusting the knife to his throat as he pushed the blade away with a bare hand, which caused a slight wound. Barmak, who also choked Warshaw, bit down on his left ear, causing an injury that resulted in multiple stitches, he said.
Barmak reportedly also grabbed a large utility hook and tried using it as a weapon during the alleged attack.
After breaking free, Warshaw fled the home. When Barmak followed him outside, Spiller said he slammed the door behind him. However, he said Barmak remembered the four-digit entry code and got back in the residence. Carrying a piece of firewood, he hit Spiller in the forehead with the log, causing a significant gash that would later be sutured at UVA Medical Center in Charlottesville.
Spiller fled to a downstairs bedroom but said Barmak found him hiding underneath a bed. Standing over him, Spiller said Barmak laughed menacingly. Spiller darted through Barmak's legs and managed to escape the residence, he said.
As he ran down a steep embankment behind the home and into the woods, Spiller said he saw Wagner's police vehicle pulling up to the scene. Barmak was outside as well, he said, and Wagner confronted him behind the home near Spiller. Barmak became aggressive, resulting in Wagner using his Taser in an attempt to subdue him, but Spiller said he kept "getting up" from each Taser jolt, according to his testimony.
After Barmak and the police officer began tussling, Spiller said it appeared Wagner was about to restrain Barmak before they started fighting over "an object or something." Spiller said he ran, and seconds later a gunshot rang out.
Timothy Smith, an officer with the Wintergreen Police Department, testified he arrived at the scene and immediately searched the house, where he found bloodstains and signs of a struggle. Armed with a police rifle, Smith said he didn't immediately locate anyone. When he went outside behind the residence, Smith testified he saw Barmak completely nude and covered in blood and mud while crouched near a tree line. The officer said Barmak was feigning laughter and making unintelligible grunting noises.
When Smith ordered him to the ground, Barmak refused and instead charged him, according to Smith's testimony. After failing to slow Barmak with his Taser, Smith said he readied himself for a ground fight. "I felt like if I needed to, I could fight him," he said. Barmak tried grabbing Smith's rifle during the incident, the officer testified. Two Nelson County deputies who arrived at the scene helped Smith subdue Barmak.
After calling for Wagner and getting no response, Smith found him unresponsive behind the home with what he said was "obviously a gunshot wound to the head."
All the while, Smith said the deputies were still dealing with Barmak, who continued to hit, kick and spit, and even bit flesh off his own knee, testimony showed. Barmak was seen chewing gravel after being cuffed, and Smith said he violently banged his head on the ground multiple times.
Deputies were initially unaware Barmak had been shot. A bullet would later be removed from his leg at the hospital, court records show.
Shortly after Wagner was slain, authorities issued a statement that said he was killed with his own department-issued handgun. Evidence showed it was a Glock 17, which was found near his body. Spent ammunition casings were also found at the scene.
Images obtained from Wagner's body-worn video camera showed a nude Barmak allegedly initiating the attack outside of the residence, according to an affidavit for a search warrant filed in Albemarle County Circuit Court. During the struggle, Wagner screamed, "He's trying to get my gun!" The officer yelled for help numerous times, court records indicate.
A drug charge against Barmak was dropped at the beginning of Wednesday's hearing. The remaining three felony charges were certified to the Nelson County grand jury following the hearing.
Prior to his arrest, court records show Barmak worked in the insurance industry earning between $50,000 and $70,000 per year. He is listed at six feet, four inches tall and weighs 220 pounds.
Barmak remains at the Albemarle-Charlottesville Regional Jail.
The case is being prosecuted by Nelson County Commonwealth's Attorney Daniel Rutherford and Chief Deputy Erik Laub. Barmak is being represented by Douglas Ramseur and Emilee Hasbrouck.
Brad Zinn is the cops, courts and breaking news reporter at The News Leader. Have a news tip? Or something that needs investigating? You can email reporter Brad Zinn (he/him) at bzinn@newsleader.com. You can also follow him on X (formerly Twitter).
This article originally appeared on Staunton News Leader: Preliminary hearing held for suspect in Wintergreen officer's slaying
