NASHVILLE, Tenn. (WTVF) — One of the defendants charged in the 2021 death of Dallas “DJ” Barrett has accepted a plea deal, avoiding jail time.
Steven Simon agreed to plead guilty to reckless homicide and will receive two years of probation. A separate charge of aggravated assault was also dismissed as part of the plea deal to keep the case from going to trial. The judicial diversion agreement, typically used for first-time offenders, allows the charge to be expunged from his record if he completes the probation period.
The Class D felony typically restricts the defendant from having contact with any firearms, but Judge Jim Todd said he would make an exception for Simon, who is in the Marine Corps, while he's serving.
Barrett, 22, died after an encounter with security staff at Whiskey Row in August 2021. Police said he was held to the ground during a fight and became unresponsive. The medical examiner ruled his death a homicide caused by oxygen deprivation.
Simon was not one of the security guards in the case, but a bystander who grabbed Barrett’s legs and helped subdue him before he died.
During the hearing, Barrett’s mother said she has no ill feelings toward the defendants. However, she said her main concern is the possibility of the charge being expunged.
"He made a clear choice to decide to join the other six in holding my son down. He made the choice to come from the crowd, participate in holding my son down. He didn't call for 911, he didn't remove himself from the situation and as a result my son is dead. He will likely get his sentence expunged, but my son is dead forever," Barrett said.
Judge Jim Todd appeared to agree with Barrett's mother that from a purely emotional perspective, the punishment may not fit the crime, as he reflected on what justice would mean for him as a father. Todd said while he understands Barrett's frustrations, "the court didn't choose the charge and the court didn't choose the punishment." Instead, Todd pointed to the fact that the Tennessee legislature makes expunging this record possible for a first-time offender.
"I'm not saying my hands are tied, and I'm not saying I don't like the law, but I am saying I have to follow it and it's never going to heal the wounds that you have," Todd said.
Todd referenced a list where depending on if Simon met the criteria, Todd could reject the judicial diversion. He asked Simon to recall his actions in Whiskey Row that night. Simon said he felt he was helping calm down the fight, but only let go of Barrett's legs once he noticed police enter the crowded bar.
Considering all the factors, Todd said he found there was no basis to reject diversion in this case.
Simon is one of seven people charged with reckless homicide in connection with Barrett’s death. A trial for the remaining defendants is currently scheduled for October 2026.
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