Barber Taken Into Custody

Brandon Barber, awaiting trial on 27 federal charges including fraud and money laundering, was remanded into custody at the Washington Co. Jail on Tuesday following a supplemental court appearance in U.S. District Court in Fayetteville.

The former Northwest Arkansas real estate developer — now living in New York — was taken from the courtroom at the John Paul Hammerschmidt Federal Building after his attorney, Asa Hutchinson III, failed to convince U.S. Magistrate Judge Erin L. Setser that Barber had found a suitable residence to serve the court’s order of home incarceration.

Setser made that ruling Monday during a bond revocation hearing for Barber, made necessary following his arrest last week at the recommendation of U.S. probation officer Craig Robie. Robie’s recommendation came after it was determined Barber, 37, violated Setser’s original order during an April 15 arraignment, placing him under home detention — with exceptions related to work and child care responsibilities, among others.

Barber and four other co-defendants entered not guilty pleas at the arraignment, and have a June 17 trial date in Fort Smith.

Barber was ordered to stay in Fayetteville overnight Monday at The Chancellor Hotel, awaiting results of a hearing held Tuesday in New York involving his girlfriend, marketing executive Kristen Foodim, and her ex-husband, Gary.

Gary Foodim filed a temporary restraining order against Barber that went into effect April 17. The order prevents Barber from being in the apartment he shares with Kristen Foodim if her two children are present.

Foodim said Monday she and her children have been staying with a neighbor in the same apartment building on the two nights a week she has custody of them, as well as every other weekend. She also admitted Monday that both Barber and her children spent one night in the apartment after the restraining order had been put in place.

Setser told Barber on Monday that he would have to find another place to live – also under the home incarceration order – if the restraining order was upheld.

“It would be inappropriate to release Mr. Barber to the shared residence, which would effectively displace [Foodim’s] children,” she said.

The TRO was, in fact, upheld Tuesday by the New York City Family Court and extended through June 24.

With that decision, Hutchinson contacted Robie and indicated Barber’s ex-wife, Keri Chambers, had offered to allow Barber to stay at her residence, also in New York.

Chambers lives in a 1,300-SF apartment with the couple’s two children, said Robie, who spoke with her Tuesday afternoon by telephone. She agreed to let Barber sleep on the couch, as long as it didn’t become a “month-by-month” solution.

Robie went on to say that Chambers, who works in the real estate industry, would help find a residence for Barber where he could serve his incarceration on a permanent basis.

Setser shot down that idea, saying Chambers’ offer only provided Barber a temporary residence. She also cited defense counsel’s assertion Monday — made by Asa Hutchinson Sr. — that it would be several months before Barber and the other co-defendants go to trial, rather than the scheduled date of June 17.

Robie also said Chambers volunteered to house Foodim and her children and let Barber remain at he and his girlfriend’s shared, $5,200-per-month apartment.

But the state of New York, as part of Tuesday’s restraining order hearing, said Barber would be the one to leave the shared residence.

Setser said Barber would be jailed until a written proposal of a suitable residence was offered and accepted by the court.

Hutchinson III tried repeatedly to negotiate with Setser for several minutes Tuesday, asking the court to try and contact Chambers for clarification on how long Barber was welcome at her residence, and suggesting Barber could stay with his parents in Jonesboro.

“You are free to file any written motion that you would like,” she explained to the counselor. “But everyone else is jumping through the hoops here except for Mr. Barber. And that’s done. We’re not doing that anymore.”