HOUSTON -- The girlfriend of a man shot and killed by a Houston police officer claims deadly force was not justified, KPRC Local 2 reported Sunday.

John Barnes, 39, was shot to death Saturday night outside his apartment in at the Woodland Hills Villages apartments in Kingwood by a 7-year veteran of the force, Officer Ryan Gardiner.

HPD said Gardiner, who also lives at the complex, was working an off duty security job when saw Barnes and his girlfriend arguing in the parking lot.

Police said Barnes ignored verbal commands, got into a scuffle with Gardner and allegedly grabbed the officer's Taser gun and threatened to kill him.

"The suspect manages to get the officer's Taser out from his holster, points it at the officer, tells him, 'You're dead,'" HPD spokesman Victor Senties said. "At that point, the officer, fearing for his safety, takes out his service weapon and he fires an undetermined amount of times. The suspect is pronounced dead at the scene."

Barnes girlfriend, who requested not to be identified, disputed that. She claimed the only thing he did wrong was refuse to get on the ground.

"John was leaning against his car with his arms crossed and he was no threat," the girlfriend said. "He didn't have anything in his hands. He (the officer) pulled out his gun and he shot him five times."

Barnes worked as a tow truck driver for a company in Humble for many years.

Gardiner was placed on administrative leave, per standard procedure. HPD Internal Affairs and the District Attorneys office will investigate.