The plea agreement in State of Indiana v. Timothy Barber lists its sentencing terms in bold type. The second term is six words long.
“State remains silent as to placement.”
Deputy Prosecuting Attorney Rebecca J. Soto signed the agreement in July 2022. Barber, then a South Bend police officer, pleaded guilty to child seduction and official misconduct. The victim was a 16 year old girl.
The victim’s account was documented in a probable cause affidavit filed by Detective Jon Yoder of the St. Joseph County Special Victims Unit. She worked at the Chick-fil-A on South Michigan Street. Barber came in wearing his uniform, talked with her while she worked, and asked for her phone number. In August 2021 he picked her up from work in his patrol car, drove to a secluded spot, and had sex with her. Later that month he came through the drive-through on duty and exposed himself. Another time he brought her candy, and when she reached for it, he put her hand on his genitals. In September he picked her up again in the patrol car.
She told investigators that when she told him her age, Barber said he had looked it up “in the books” and found nothing wrong with having sex with a 16-year-old. GPS data from his patrol car matched the dates she gave. She said she felt like she had to go along with it. She felt intimidated, she said, because he was a “cop.”
The office of Prosecutor Kenneth P. Cotter, a Democrat, charged Barber on Oct. 19, 2021, with six counts: two of child seduction and two of official misconduct, all felonies, and one each of public indecency and public nudity, both misdemeanors. On all six, he faced up to 18.5 years, The Washington Post reported.
Nine months later, Cotter’s office let four of the six charges go. One was the second count of child seduction. Two were misdemeanors for exposing himself at the drive-through. The fourth was the second count of official misconduct. Barber pleaded guilty to what was left: one count of child seduction and one charge of official misconduct. His sentence could not exceed four years.
The agreement spells out what those two counts carry. A Level 5 felony carries one to six years, with an advisory sentence of three. A Level 6 felony carries six months to two and a half years, with an advisory sentence of one. Run back to back, the two advisory sentences come to four years.
The prosecutor’s office announced the deal in a July 14, 2022 press release. It said the agreement was reached after consulting the victim and her family and spared her from testifying. The agreement states that she and her parents were notified of the terms.
The silence term mentioned above meant the State could argue for how long Barber would be sentenced, but it could not argue for where Barber would serve his sentence. Prison was off the table for the State before Sanford ever heard the case.
Judge Jeffrey L. Sanford held the sentencing hearing on Sept. 9, 2022. The South Bend Tribune reported that the victim and the State asked for the four-year maximum. The Washington Post, which obtained a transcript of the hearing, reported that the girl asked the judge to send Barber to prison. Under its own agreement, the State could not join her.
Sanford called Barber’s conduct “outrageous,” according to the Tribune, but said he could not be “vindictive.” The Post reported that he expressed concern for Barber’s safety behind bars. “I’m giving you a break,” he told Barber.
The court’s case summary records what that meant. On the child seduction count, four years. Barber received credit for the two days he spent in the St. Joseph County Jail after his arrest. The remaining three years and 363 days were suspended. On the misconduct count, a year and a half, all of it suspended. He never went to prison.
When Barber was charged, South Bend Police Chief Scott Ruszkowski said in a statement to WISH-TV that he would ask the Board of Public Safety to place Barber on unpaid leave pending trial. The department said it would “take action to terminate” Barber if he were found guilty, the Tribune reported. Barber submitted his resignation on Sept. 15, 2022, six days after sentencing. The board accepted it on Sept. 21. A city spokesperson later told the Tribune that the city cannot fire someone who is no longer employed.
State law required the department to report Barber’s felony convictions to the Indiana Law Enforcement Academy. According to the state agency, it did not. When the Post asked Ruszkowski why the department had not sought Barber’s decertification, he replied, “decertification is state law.” The academy began proceedings in June 2024, less than a week after the Post published its investigation. It revoked Barber’s certification that December.
In May, Ruszkowski won the Democratic primary for St. Joseph County sheriff with 66.2 percent of the vote.
In September, I reported that under a policy set by Cotter, the prosecutor’s office has pledged to make no plea offers in criminal cases arising from crime or violence at Eddy Street Commons, the shopping district near Notre Dame. Chief Deputy Prosecutor Amy Cressy told the Tribune that Cotter made the pledge last year, after meeting with Notre Dame, local police, and Kite Realty. Cressy has been chief deputy since 2022. Cotter endorsed her to succeed him, and she has said she intends to keep the policy. She faces Republican John Maciejczyk on Nov. 3.
On Sept. 8, 2026, the court dismissed the no-contact order that had protected the girl since 2022. The docket gives the reason in two words.
“Probation Completed.”