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Atlanta Community Leader Fatally Shot in Back By Teen He'd Just Dined with at Waffle House
Civic leader Barney Simms, 70, was found gunned down in his own front yard. Evidence pointed to him being at a Waffle House with Eric Banks, 17, earlier that day.
On April 9, 2016, police responding to a 911 call found the lifeless body of Atlanta civic leader Barney Simms in his front yard. He appeared to have been shot twice in the back.
The fact that the esteemed 70-year-old former housing executive had been gunned down in broad daylight left the city reeling. “You would never imagine a violent situation to occur in his life,” former U.S. Congressman Kwanza Hall said.
“That’d be the last way you think he’d go,” Hall added in the “Killer in the Community” episode of The Real Murders of Atlanta, airing Saturdays at 9/8c p.m. on Oxygen.
Who was Barney Simms?
Simms was well-known in the Georgia capital as a civil rights activist and the retired senior vice president of the Atlanta Housing Authority.
“He had a real passion for the city of Atlanta and its people,” said Clint Rucker, a former executive assistant district attorney for Fulton County, Georgia.
Simms was known for his distinctive mustache and generous nature. He assumed the role of mentor for anyone, young or old. “He just believed in trying to uplift people,” Rucker said.
Former Fulton County, Georgia, sheriff Jackie Barrett-Washington described Simms, who had two children, as “an upstanding gentleman who carried himself respectfully at all times.”
What happened to Barney Simms?
The medical examiner confirmed that Simms had been shot twice in the back. Two 9-mm projectiles were removed from his body. He had no defensive wounds.
The position of Simms’ body in his yard, the medical examiner concluded, indicated that Simms was running away from the gunman when he was killed.
Two spent 9-mm shell casings were recovered from the crime scene. They were dusted for fingerprints, but none were discovered.
Canvassing the crime scene
Simms’ neighbor who'd called 911 told police that around 3:30 p.m., she had heard gunshots but “didn’t see anybody running... or screaming,” said Brett Zimbrick, a now-retired Atlanta Police Department homicide detective. The neighbor discovered Simms’ body two hours later.
The witness informed police that Simms’ 2006 Lexus was missing from his driveway. A BOLO — be on the lookout bulletin to law enforcement — was issued for the vehicle.
Police found that Simms’ wallet and TV were also missing. Investigators canvassed the neighborhood for more clues but hit a dead end.
Investigators considered the possibility that Simms' work with the city’s license review board could have made him enemies.
“Perhaps some people that Barney had made angry by closing down their businesses could be responsible for his murder,” Rucker explained.
That line of inquiry turned up no leads and police were at a standstill until they got a promising call from the East Point Police Department.
Barney Simms' car, wallet found at apartment complex
As investigators worked the case, Simms’ car was found parked at an apartment complex several miles from the crime scene.
A search of the car yielded no forensic evidence but a Chicago Bulls baseball cap that didn’t belong to Simms was in the vehicle. Detectives believed the hat was left by the killer or someone linked to the murderer.
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As police canvassed the apartment complex, a maintenance man turned over a wallet he found on the property with Simms’ driver’s license inside it. The hat and wallet were sent to the crime lab for analysis.
Clues from Barney Simms’ phone
To establish who Simms had contact with before he died, detectives obtained access to his cell phone logs.
“We got permission from his family members to use his thumbprint to actually open the phone,” said Keith Meadows, a former commander of the Atlanta Police Department's Major Crimes Section.
Investigators created a timeline of calls to and from Simms’ phone before and during the time of his murder. They observed that Simms received a call at 1:24 p.m. on the day he was found fatally shot, so investigators called that number.
“We told the individual that Barney Simms had been killed,” Zimbrick said, “and that we would like to discuss whatever was discussed on that phone call.”
The individual shared an address where he said he would meet with police. That location didn’t exist. His phone was a burner. So, red flags shot up in the eyes of investigators.
Barney Simms’ bank statement leads to a break
When detectives looked at Simms’ financial records, they found that Simms made two transactions prior to the gunshots being heard by a neighbor at 3:30 p.m. The first was at a local grocery store at 11 a.m. Simms was seen shopping on a store security video.
At around 2:30 p.m., Simms made a transaction at a local Waffle House. Video from the restaurant showed Simms with a young man. Simms’ family members couldn't identify the individual.
“Police turned to the news media for help,” said Atlanta-based journalist Maria Boynton. The video was uploaded to social media and to Crime Stoppers and tips poured in.
One call led to Eric Banks, a 17-year-old with a lengthy rap sheet. Banks had been involved in a shooting incident in which a 9-mm firearm was used, the same type of gun that was used to kill Simms.
Police searched through Banks’ social media and found images of him wearing a Chicago Bulls baseball cap.
Eric Banks emerges as a suspect
Police interviewed Banks' father, who identified his son as being the young man that Simms was seen with in the Waffle House surveillance video. In a surprise twist, Banks unexpectedly called his father while the police were there.
Following directions from officials, the suspect's dad told his son that the police wanted to talk to him. The teen denied killing Simms, according to The Real Murders of Atlanta.
Police interviewed Banks' aunt. According to Zimbrick, the aunt informed investigators that Banks had met Simms a few days before the shooting incident.
“He had been introduced to Barney through a group of friends who were being mentored by Barney Simms,” said Zimbrick. “Eric wanted to be a part of that group.”
Then the suspect’s aunt dropped a bombshell. “She admitted to investigators that Eric had confessed to her about committing the murder of Barney Simms,” Meadows said.
In a room at the aunt’s house where Banks stayed, detectives found two 9-mm clips, but no gun.
Five days after Simms’ murder, Banks' mother called the police. She said that her son was with her and was ready to turn himself in. Banks was brought in for questioning.
Eric Banks arrested, pleads guilty
Banks told police he’d met Simms through friends and that he'd hoped that Simms could help him turn his life around. He denied killing Simms.
When police confronted Banks with all the evidence they had against him, he changed his story. He claimed that he shot Simms in self-defense. “Mr. Banks said, ‘Barney Simms came on to me,’” said Zimbrick.
Detectives investigated Banks’ claim. “Barney Simms had no history whatsoever of any kind of misconduct,” said Zimbrick. The fact that Simms was shot in the back cast doubt on the self-defense claim.
“We believe that Eric Banks concocted this story in an effort to try to deflect from him actually robbing and ultimately murdering Barney Simms at his home,” said Meadows.
On April 16, 2016, Banks was arrested for murder, aggravated assault and armed robbery. To avoid possible life imprisonment, he took a plea deal, The Atlanta Journal-Constitution reported. He was sentenced to 30 years behind bars.
Learn more about what happened to Barney Simms on the “Killer in the Community” episode of The Real Murders of Atlanta, airing Saturdays at 9/8c p.m. on Oxygen.
