Police Mistook Ashes Of Grieving Father's 2-Year-Old Daughter For Drugs: Lawsuit

An Illinois father is suing the city of Springfield, Illinois, after police tested his deceased 2-year-old daughter’s ashes for drugs last year.

The lawsuit Dartavius Barnes filed against the city and the Springfield Police Department, obtained by WICS ABC NewsChannel 20, alleged that the cops "unsealed this urn and opened this urn without consent and without a lawful basis including a search warrant" and then "desecrated and spilled out the ashes."

This incident allegedly occurred when officers pulled Barnes over at a traffic stop for allegedly speeding on April 6, 2020. The cops cuffed him and placed him at the back of a squad car as they searched his vehicle.

Police bodycam footage obtained by the outlet showed cops saying they found marijuana inside the vehicle contained in bags and jars. Barnes admitted to taking them but was surprised when police said they found “something else” in the center console. Police said the substance tested positive for meth, which left the 25-year-old man bewildered.

"I swear I don't do that type of s---t," he stated. "Can I see that bro? Am I going to jail for it?"

The officer went back to the vehicle and found a container with a screw-on top. It was at this point that Barnes started protesting, telling them not to touch it as it contained the cremated remains of his 2-year-old daughter, Ta’Naja Barnes.

The toddler died of neglect and starvation in February 2019 inside the home of the baby’s mother, Twanka L. Davis, and her boyfriend, Anthony Myers, who are now behind bars.

"Please gimme my daughter. Put her in my hand. Y'all are disrespectful bro! Can I please have my daughter?" Barnes said in the video.

Officers did not believe Barnes at the time despite Barnes’ father, who was in the vehicle with him, seconding the claim of the bereaved father. Police then said they would “probably” not test it again. However, the cops could be heard discussing the test results thereafter.

"He said it was kind of a weird... it didn't, like it wasn't bright blue... it was like, purple," the officers were heard saying.

Barnes filed the lawsuit in October 2020 against the city and the six officers involved. The complaint specifically names Officer Colton Redding, Officer Brian Riebling, Officer Adam Westlake, Officer Juan Resendez, Officer Nicholas Renfro and Officer Regan Molohon.

However, the accused claimed that they are entitled to qualified immunity since they were carrying out their duties that were objectively reasonable and lawful.

A jury trial is set for August 2022.