Nashville

Nashville Bystander Dodges Jail In Whiskey Row Death Case

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Published on April 10, 2026
Nashville Bystander Dodges Jail In Whiskey Row Death CaseSource: Google Street View

One of the seven people charged in the 2021 death of Dallas "DJ" Barrett has struck a deal that keeps him out of jail. Steven Simon, described by prosecutors as a bystander who helped restrain Barrett during a late-night scuffle, pleaded guilty to reckless homicide and agreed to two years of probation under a judicial diversion program. As part of the agreement, an aggravated assault charge was dismissed, and Judge Jim Todd said he would make an exception to the usual firearms restriction because Simon is in the Marine Corps.

The plea terms were read in Davidson County Criminal Court, where prosecutors and defense attorneys outlined a diversion plan that could eventually clear Simon’s record if he successfully completes probation, according to NewsChannel 5. Under the deal, Simon will serve two years on supervised probation instead of going behind bars, and the aggravated assault count against him is gone. Judicial diversion is a tool Tennessee courts regularly use for eligible first-time offenders.

Case background

Barrett, 22, died after an August 2021 confrontation at Whiskey Row on Lower Broadway. The medical examiner later ruled his death a homicide caused by oxygen deprivation, The Tennessean reported. Police and prosecutors say Simon, who was not working security that night, grabbed Barrett’s legs and joined others in holding him down.

The case is filed as 2021-D-2074 in Davidson County Criminal Court and remains open. County records list a jury trial date of Oct. 19, 2026, for the remaining defendants.

Family response and judge's remarks

In court, Barrett's mother told the judge she holds "no ill feelings" toward the defendants, but she worried that the diversion deal means Simon could eventually walk away with a clean slate. "He will likely get his sentence expunged, but my son is dead forever," she said, according to NewsChannel 5. Judge Todd acknowledged the family’s loss while noting that the court is bound by Tennessee law in how it handles eligible defendants.

What's next

Simon is one of seven people indicted in the Barrett case. Court records identify six other defendants who were working security that night: John Eustace, Tarrell Gray, Dylan Larocca, Jaelen Maxwell, Mallet Meneese and Mark Watkins. They have status hearings leading up to the October 2026 trial date and remain free on bond while the case moves forward, according to the Davidson County docket.

Legal note

Reckless homicide is defined in Tennessee law, which can be found in materials published on capitol.tn.gov, and has been prosecuted as a Class D felony in prior cases. Judicial diversion is authorized by statute at Justia (Tenn. Code Ann. § 40-35-313). The law allows a court, in certain situations, to defer proceedings and place a qualified defendant on probation without entering a judgment of guilt. If the defendant successfully completes diversion, the case can be dismissed and the person can become eligible for expunction under Tennessee law.