Deadly force justified in N.H. liquor store shooting, officials say

HAMPTON, NH — The use of deadly force was justified when officers opened fire, killing a man at the busy New Hampshire state liquor store on I-95 southbound in Hampton, according to the Attorney General.

Investigators say it was impossible to tell until after 36-year-old Barry Jones had been shot that he was carrying a BB gun. Even after that fact came to light, police say it was his lack of response to officer’s commands that got him killed, and makes the shooting justified.

"Sergeant Walker also was aware that Mr. Jones was reported to have stolen a truck, may be armed with a handgun, was on his way to Massachusetts to obtain drugs, and was involved in a hit and run collision while driving the stolen Ford Ranger,” said Senior Assistant Attorney General Benjamin Agati.

Investigators spent more than an hour outlining the series of events that led to the officer-involved killing of 36-year-old Portsmouth man Barry Jones back on June 13 at the Liquor and Wine Outlet. A 911 call from a scared driver led police to his location, speeding down 95 with a ragged tire and a damaged front end after police say he fled a hit and run in that stolen car.

911 call: "He’s now slowing down, were doing 70 and he’s well ahead of us. And he just went through the toll booth.”

After police approached Jones at the liquor store, they say he did two things that stand out. First texting his ex-wife this message, "I’m sorry, I love you, but it [sic] time for me to check out. I do really love you, bye Tiffany."

Then, shortly after as police approached, Jones reached for the BB gun in his waistband as officers told him not to move. That's when the fatal shots were fired.

It’s wasn’t until 24 minutes after Jones was struck three times that emergency responders got to him to render aid. Police showed on surveillance video that the position he fell in shielded his hands from view, and officers were forced to send in a K-9 to drag him into a place where they could see him before taking him into custody.

The two who fired those shots, New Hampshire State Trooper Erik Willett and Sergeant Keith Walker, are still on paid administrative leave per department policy. No charges will be filed against them.

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