Suspected bar shooter allowed to use limited statements of self-defense

Jon Phelps, The New Hampshire Union Leader, Manchester
·2 min read

Nov. 27—John Delee will be allowed to use some statements made to police minutes after being arrested at gunpoint following a deadly shooting outside a downtown Manchester restaurant earlier this year, a judge has ruled.

Delee, 23, was charged with second-degree murder and felony reckless conduct after the Jan. 28 shooting outside the Goat Bar and Grill, which resulted in the death of Timothy Pouliot, 24.

The trial is set to begin Tuesday at Hillsborough County Superior Court in Manchester.

Judge William Delker ruled the first two minutes of a 27-minute long interview with Officer Jeffrey Belleza will be allowed to be presented to the jury. The remaining statements made by Delee will be considered inadmissible hearsay.

Delker made the decision after reviewing four videos, including officer body cameras, from the night of the shooting.

The shooting took place on Old Granite Street after exchanges between two groups of young men. Police say Delee shot Pouliot around 12:45 a.m. after the victim reached up and punched Delee in the face.

Delee is about 200 pounds heavier and a foot taller than Pouliot. Delee, however, claims his actions were in self-defense.

In one video Delee says, Pouliot "(expletive) punched me in the face" and "repeatedly asserts that 'it was self-defense,'" Delker said.

Prosecutors Scott Chase and Rachel Harrington argue the statements are self-serving.

Delker said the statements are admissible as excited utterances during a chaotic scene.

"The court agrees with the defendant that at the time he made the above-identified statements, he was under the stress of two startling events: the confrontation with Pouliot and his friends which culminated in the shooting and the police's gun-point confrontation," Delker said.

He said it was clear Delee's "demeanor on the video that he had plainly calmed down" after the initial confrontation.

"The mere fact that his statements are self-serving does not preclude a finding that they were made under the stress of a startling situation because the court finds that defendant did not have a chance to fabricate his statements," Delker said.

Jury selection and opening statements in the trial are expected Tuesday with the jury visiting the scene Wednesday.