The Penobscot County district attorney’s office is not pursuing a charge against the man shot last month by a Bangor police officer during an altercation on Grove Street, but has not closed the case.
Brian James Barker, 40, of Bangor was charged with domestic violence terrorizing, a misdemeanor crime, on Oct. 17, the day after he was wounded. While recovering at Northern Light Eastern Maine Medical Center, police issued Barker a summons ordering him to appear Wednesday for arraignment at the Penobscot Judicial Center.
That summons was voided when the Penobscot County district attorney’s office decided to wait a month or two to present evidence to the grand jury for a possible indictment on felony charges.
Marianne Lynch, district attorney-elect and the current deputy district attorney, declined to say when she might take the case to the grand jury. It next convenes Nov. 28.
Information about how well Barker has recovered from his injuries was not available Wednesday.
The terrorizing charge did not stem from Barker’s encounter with police in the middle of Grove Street but from the call that brought police to the apartment he shared with his then-girlfriend.
Barker was released from Northern Light EMMC on Oct. 23 to Acadia Hospital. Since being released from Acadia at the end of October, he has been homeless, according the alleged domestic violence terrorizing victim.
Police went to a house on Grove Street around 11:15 a.m. Oct. 16 to investigate the report of a domestic disturbance at the apartment building, Sgt. Wade Betters, spokesman for the Bangor police, said last month. When they arrived, Barker, who allegedly was holding a knife, was walking away from the building, toward the intersection of Grove and Somerset streets. When confronted by police, Barker allegedly refused to drop the knife.
Officer Dylan Hall, who shot Brian Barker, was placed on administrative leave Oct. 16, which is standard procedure in police shootings, Police Chief Mark Hathaway announced the day of the shooting. Hall has returned to duty, Betters said Wednesday.
The Maine attorney general’s office is investigating the shooting. That office limits the amount of information departments may release to the public while it is investigating. A written report is released once the office completes its investigation.
In its more than 100 reviews of officer-involved shootings since 1990, the attorney general’s office has never found that an officer should face criminal charges.