On January 3, 2024

Fair Haven detective will not be prosecuted for fatal shooting

 

Attorney General Charity Clark has declined to prosecute Fair Haven Police Detective Shaun Hewitt for charges related to the use of deadly force in a shooting incident involving Kenneth Barber, Jr. on June 19, 2023. The Rutland County State’s Attorney’s Office also declined to prosecute the case after completing its own independent review. 

Based on the facts and circumstances and consistent with Vermont law, Attorney General Clark concluded that the use of force by Hewitt was objectively reasonable and justified. Under the totality of the circumstances,  Hewitt reasonably believed that he was in imminent danger of being killed or suffering great bodily harm at the hands of Barber , and he used necessary and appropriate force to defend himself. In reaching this decision, the Attorney General’s Office reviewed all materials provided by the Vermont State Police, who conducted the investigation, as well as a report from a use-of-force expert.

On June 19, 2023,  Hewitt responded to a call for assistance involving a man, later identified as Barber , who was assaulting his neighbor. When Hewitt arrived on scene, three neighbors were attempting to restrain Barber on the ground. One of the neighbors immediately notified Hewitt that  Barber had a gun. As Hewitt assisted in restraining Barber, one of the neighbors was able to remove the firearm from  Barber’s waist.  Barber refused Hewitt’s commands to put his hands behind his back, instead fleeing to his nearby vehicle. 

Hewitt followed Barber to the vehicle and attempted to use non-lethal OC spray, commonly known as “pepper spray,” to subdue Barber , but the OC spray did not deploy properly. Barber  subsequently got into the driver’s seat of the vehicle, turned on the ignition and put the car in reverse as Hewitt was standing in the “V” between the open driver’s door and the car frame. Barber  ignored Hewitt’s orders, “Don’t do it,” and “Stop,” and accelerated the vehicle in reverse. Hewitt, still wedged in the open door frame, had trouble keeping pace with the accelerating vehicle, and fired one round striking Barber ’s torso.

The vehicle continued in reverse a short distance before coming to a stop and Barber  fell out of the open door onto the ground. Hewitt and a nurse who was in the area rendered aid until medics arrived. Barber died in the emergency room shortly after arrival due to the torso wound he sustained in the shooting.

 Hewitt reasonably believed that he was in imminent danger of being killed or suffering great bodily harm and was, therefore, justified in using deadly force to defend himself.

Under Vermont law, an officer may use deadly force to repel an imminent threat to cause death or serious bodily injury when the officer objectively and reasonably believes that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury.  Furthermore, the use of deadly force is deemed necessary when, given the totality of the circumstances, an objectively reasonable officer in the same situation would conclude that there was no reasonable alternative to the use of deadly force that would prevent death or serious bodily injury to the officer or another person.  

Under the totality of these circumstances, during and leading up to the shooting, an objectively reasonable officer in Hewitt’s position would have concluded that there was no other reasonable alternative to the use of deadly force to prevent his death or serious bodily injury.

Submitted

 

Do you want to submit feedback to the editor?

Send Us An Email!

Related Posts

Large turnout for Hartland school budget info session

May 23, 2024
By Curt Peterson The May 21 Hartland school budget information session may be the best-attended school board gathering in recent history — an estimated 40 people attended in person at Damon Hall in Hartland, and another 41 tuned in online. Hartland voters had already approved the $11,040,567 budget 320-311 on April 2. But a petition…

United Way of Rutland County names new exc. director

May 22, 2024
The United Way of Rutland County (UWRC) announced the appointment of Tina Van Guilder as its new executive director, May 17.  Van Guilder officially assumed her role as executive director May 6. With over seven years of direct non-profit leadership experience in the Rutland County area, coupled with recent roles focusing on grant coordination, budget…

Slate Valley school district to hold fourth vote on district budget

May 22, 2024
In response to the results of the last vote on May 9, and valuable community feedback during the school board meeting on May 13, the Slate Valley Unified Union School District will hold its fourth vote in an attempt to pass the budget on May 30. It will be a revote on the third FY25…

Where is the road construction this week? 

May 22, 2024
The Agency of Transportation produces this weekly report of planned construction activities that will impact traffic on state highways and interstates throughout Vermont. Hartford: Monday, May 20, through Friday, May 24, between 8 a.m. and 5 p.m., multiple concrete mixers will be moving in and out of the project area at either end of the…