PO Mark Wagner, II

Officer: Wintergreen Police Department, Police Officer Mark Christopher Wagner, II

Date: 6/16/2023          Location: Wintergreen, VA                FACTORS (1,2,3,12,13,14,15,18,19)

Perpetrator(s) Involved: Daniel Barmak

Criminal Activity History/Involved: Unknown. / Yes, Barmak assaulted two men and the responding police officer.

Mental Illness: Unknown.

Substance Abuse History/Involved: Unknown. / Yes, illegal narcotics” were found in the home Barmak was living in and he was charged with “drug possession

Race/Sex/Age: White/Male/23

What prompted the initial contact with the killer? At around 10 p.m. on June 16, 2023, Wintergreen Police Officer Mark Wagner, II responded to a 911 call of a domestic violence. Upon arrival at the house, PO Wagner located Daniel Barmak, the suspect who assaulted two of his roommates and fled into the woods nearby.

Actions taken by subject toward police: Rather than comply with PO Wagner’s lawful orders, Barmak attacked the officer, gained control over his duty weapon and fatally shot PO Wagner in the woods.

Reactions by the police: Responding Wintergreen police officers and Nelson County Sheriff’s deputies took Barmak into custody without further incident and transported him to the hospital for the gunshot wound he sustained when fighting over PO Wagner’s duty gun.

How murdered? PO Wagner was overpowered and fatally shot with his own duty weapon while handling a 911 call of domestic violence.

What could have been done differently for the officer to still be alive? For officer safety it is usually department policy for a minimum of two officers to respond to certain incidents such as those involving domestic violence. A second officer may have been able to assist PO Wagner in physically restraining Barmak or could have used deadly force when Barmak grabbed PO Wagner’s gun.

Would the officer have been justified in using deadly force before being murdered? PO Wagner would have been justified to use deadly force as soon as he reasonably feared for his life.  

Outcome for the cop-killer: Barmak was arrested at the scene and faces charges of capital murder, “aggravated murder of a law enforcement officer, use of a firearm in the commission of a felony, drug possession, and malicious wounding.”

Miscellaneous: It appears Barmak was staying in some kind of halfway house, so he likely has prior drug or criminal history.

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SGT. Cory Maynard