Maine’s Deadly Force Review Panel issued a recommendation on Friday following a review into the 2024 deadly shooting of a suspect by Brewer Police Chief Jason Moffitt.
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The panel examined the March 22, 2024 fatal shooting of Barry Chick Jr., 39, who was shot by Moffitt after callers reported that he brandished a firearm after being detained for shoplifting at a Walmart.
Maine Attorney General Aaron Frey already ruled in late 2024 that Chief Moffitt was reasonable in believing himself to be at imminent risk of death or serious bodily injury at the time of the shooting.
Despite AG Frey’s ruling, the Deadly Force Review Panel was required by law to perform their own assessment of the incident to review and recommend potential policy changes to improve public safety. The Panel is not intended to re-adjudicate Frey’s findings on the incident.
On the day of the shooting, a Walmart employee called 911 reporting that a man who had been detained for suspected shoplifting pulled out a gun and fled the store.
Chief Moffitt was in his office and heard radio traffic about the incident, and he responded to assist in the search for the suspect.
At the time, Moffitt was wearing civilian clothes with a “raid jacket” with “Police” written on both the front and back.
The suspect allegedly fled into the woods, and Moffitt parked at the Brewer Public Works facility, where he could watch for him to emerge.
When the suspect emerged, Moffitt drew his sidearm, believing the suspect to be armed, but kept it pointed at the ground.
He reportedly announced himself as a member of the Brewer Police, and ordered Chick to stop.
Chick initially asked why, and Moffitt explained that he matched the description of the robbery suspect.
Chick followed Moffitt’s order to get on the ground and went to his hands and knees.
He then allegedly ignored orders to lie prone and instead reached his hand to the back of his waist.
Moffitt reportedly believed that Chick was reaching for a gun and ordered him to stop and to lie prone. Chick reportedly continued to ignore the order and grabbed a flat black object that Moffitt believed was a firearm.
Moffitt then fired one shot, hitting Chick in the neck.
The police chief attempted to provide first aid and noticed a black wallet on the ground next to Chick.
Moffitt and emergency services were unable to save Chick’s life.
The panel found that Chick had a long history of violent felony convictions. A post-mortem toxicology report revealed that he tested positive for fentanyl and methamphetamine.
After reviewing the facts of the case, the 12-member panel recommended that plainclothes officers display clear identification when possible.
Based on the account of events, Moffitt seemingly was wearing clothing identifying him as a police officer and announced himself to the suspect as such.
