On the morning of Oct. 25, 2024, James Marshall, 27, was reportedly carrying an AK-style rifle on Monte Verde Street in Carmel. One of the multiple calls to the Carmel Police Department that morning was from his mother, Ellen Barrett, who said her son was experiencing a mental breakdown, threatening “suicide by cop” and armed.
Officers attempted to subdue Marshall but eventually shot and killed him.
On July 11, 2025, Barrett filed a federal lawsuit against the City, Carmel Police Chief Paul Tomasi, Sgt. Gerald Maldonado and Officer Rene Guevara, alleging they used unjustified deadly force in response to a mental health crisis, despite having knowledge of Marshall’s history of mental illness.
According to a statement from attorney Dale Galipo, who is representing Barrett, she believed she was doing the right thing by calling the police for assistance. Carmel police logs show officers responded to a call three weeks earlier at the same home reporting a mental health episode. The police log entry reads: “Subject did not meet criteria and refused help with resources. Family member stated they had the situation under control.”
The lawsuit alleges that even with this knowledge, no crisis intervention team was dispatched. Instead, officers placed roadblocks around the area and waited for approximately one hour before engaging. Maldonado allegedly fired a bean bag shotgun round in the front yard of Barrett’s home, then followed Marshall into the backyard where he was fatally shot.
“We believe the use of deadly force was in violation of James Marshall’s constitutional rights and that the officers’ poor tactics and training played a part in this unjustifiable use of deadly force,” Galipo said. “Police departments must take action to improve officer training.”
Carmel officials declined to comment, adding they have not yet been served with a complaint.
According to the Carmel Residents Association, Tomasi has announced his second retirement, effective Aug. 4.