Jason Barton jailed for role in pursuit where police officers were shot at

Police were shot at by a passenger during the pursuit. File photo / NZME

A man involved in a police pursuit that ended in a shooting - with bullets narrowly missing two officers - is getting too old to still be appearing in court, his lawyer says.

Jason Barton will have to spend much longer in prison than his 19-year-old co-offender Romeo Johnson-Khoun, who was jailed for just over three years for his role.

Barton was driving a car that had been reported to police by concerned members of the public before it was spotted on Clyde St in Hamilton and spikes were laid.

After a pursuit that stretched several kilometres, it progressed to Morrinsville Rd, where the unidentified front-seat passenger leaned out the window with a pump action shotgun and fired two shots at the officer’s trailing patrol car.

The car crashed into a fence when Barton turned into Matangi Rd but only he and his teen co-offender were caught.

The 30-year-old appeared before Judge Stephen Clark for sentencing in the Hamilton District Court today, where he was jailed for five years and three months.

Barton’s counsel Gerard Walsh said his client wasn’t the one who fired the shot so shouldn’t be held as highly accountable and he was remorseful for what happened that day.

‘Driving on its rims’

That day was April 25 last year and a day that still haunts the officers involved.

Johnson-Khoun was a backseat passenger - and in breach of his bail conditions - as they travelled along Clyde St.

Police began following the car and after they laid road spikes further down the street, Barton took off and drove over them, deflating all four tyres.

He continued - despite the left rear tyre coming completely off - and travelled on Cambridge Rd, then Matangi Rd.

The person in the front passenger seat leaned out the window with a full-length pump-action shotgun, pointing it at the following patrol car, egged on by Johnson-Khoun to fire.

The officer driving the patrol vehicle noticed the firearm and braked to put more distance between the cars.

Around the same time, a shot was fired, the bullet hitting the police car’s bonnet.

Police continued to follow and again the person leaned out the window with the firearm but this time pointed it at a member of the public’s vehicle.

The officers again slowed down but once clear of residential houses, they activated their lights.

As the car turned on to Matangi Rd it crashed into a gate and all four occupants fled on foot. Johnson-Khoun was found nearby.

Officers searched the car and found one ammunition round jammed in the firearm, one live shell in the footwell and another spent cartridge.

‘He’s getting too old for this'

Walsh said Barton knew he was going to receive a jail sentence today but was keen to change as he knew “he’s getting far too old to keep sitting where he is and change needs to come”.

However, Crown solicitor Leo Lai said this was a case of a firearm being discharged at police officers “simply doing their job”.

The impact on the officers was “obviously significant”, while members of the public were also put at risk.

Lai said as the driver, Barton had the same if not more culpability because he had the ability to stop the vehicle. He was also the oldest of the four involved.

In addition, Barton had an extensive criminal history and Lai urged Judge Clark to issue a four-month uplift to acknowledge that.

Lai also asked the judge to limit the amount of guilty plea discount as the plea only came just before his trial was due to start.

‘Absolutely no need for anyone to be shot at’

Judge Clark noted Barton’s history, which included driving charges, aggravated robbery and three previous firearm offences.

However, this incident was an escalation to what he’d already clocked up and “was a concern”.

While in a background report, Barton praised his mother, stepfather, and grandparents, his father was absent from his life growing up as he was incarcerated and was also in a gang.

By the time Barton turned 15 he had also joined a gang, which brought an end to his education.

Judge Clark noted that the victims were still impacted by what had happened.

“It’s of concern when anyone is shot at, especially police officers.

“You could have stopped the car of course there was absolutely no need for anybody to be shot at that night and there’s an ongoing impact on both [officers].

“You were driving that car and continued to drive it, even on its rim and in busy residential streets.

“The driving was dangerous, the shooting was extremely dangerous to members of the public and police officers ... that could have resulted in death or injury.”

Judge Clark said the “big difference” between Barton and Johnson-Khoun was the teen’s age and earlier guilty pleas.

He acknowledged Barton’s remorse letter but noted it seemed he was attempting to justify his actions and plead his innocence. He allowed a 5% discount.

In total he took 25% off his seven-year starting point, ending at five years and three months' jail on charges of using a firearm against law enforcement and dangerous driving.

He also disqualified Barton from driving for three years and granted a firearm prohibition order.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.