Video shows moments when Yuba County deputy shoots man wielding meat cleaver, hammer
A man will face prison time after he tried walking toward a Yuba County deputy with a meat cleaver and hammer, resulting in the deputy shooting him.
A release from the Yuba County District Attorney's Office said a judge on Dec. 16 sentenced 65-year-old Howard Barton to four years in state prison. The district attorney also found that the deputy who fired his weapon was justified in doing so.
“I’m thankful that the deputy was safe, and that his use of force to defend himself did not lead to more serious injuries or death,” District Attorney Clint Curry said in a written release. “I hope Mr. Barton uses his time in prison to contemplate better life choices.”
On Dec. 29, 2023, a deputy named Jose Roque went to a home along Feather River Boulevard near Grand Avenue for a report of a man needing medical aid because of a cut on his leg, the district attorney's office said. When the deputy got to the home around 2:53 p.m., he met with a relative of Barton who guided him toward the porch and told him that Barton had just thrown a cleaver.
Shortly afterward, Barton came out of the house holding both the meat cleaver and the hammer.
A full report on the shooting described Barton as wide-eyed with his pupils dilated, prompting Roque to believe Barton was either under the influence of drugs or having a mental health crisis.
Roque's body-worn camera showed Barton began moving toward the deputy, forcing him to walk back and pull out his stun gun. Roque could be heard in the video calling for backup and saying, "Get back! You're OK. You're alright brother. You're OK."
Those commands did not halt Barton from continuing to walk toward Roque. The relative was also asking Barton to get back.
The report stated that Barton believed if his stun gun missed or was ineffective, it would be too late to stop Barton from hitting him with the cleaver or hammer. Roque pulled out his handgun and again told Barton to get back.
“He has some sort of mental issue; he’s still coming towards me," Roque said in the video. "Stand back! You’re gonna get shot! You are going to get shot!”
When Roque believed that Barton was going to make a run toward him, Roque fired his gun at 2:54 p.m. and shot Barton in his thigh. The confrontation lasted about 45 seconds.
At 2:56 p.m., a sergeant with the sheriff's department arrived at backup. Emergency medical personnel arrived a minute later to treat Barton. Roque fired his gun once.
The district attorney's report reveals that Barton has a lengthy criminal record dating from 1978 through 2022. He has six felony convictions and more than a dozen misdemeanor convictions, many of them drug-related.
Barton was also under the influence of methamphetamine when the shooting happened, with the report stating that he had about five times his usual dosage at the time.
Roque joined the sheriff's department in May 2022 and has been a peace officer since 2013. Because the shooting was justified, the district attorney's office said no criminal charges will be filed.
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