Crime & Safety

Trial Date Set For Salem Man Accused Of Fatal Shooting Outside Manchester's Goat Bar

John Delee of Salem will contend he acted in self-defense when he fatally shot Timothy Pouliot. The trial will begin in less than two weeks

MANCHESTER, NH — John Delee of Salem, the man who faces murder charges for killing Timothy Pouliot outside the GOAT restaurant, appeared in court Thursday.

The final pretrial conference was held in Hillsborough County Superior Court Northern District to review several motions and set the final trial date. Defense Attorney Benjamin Falkner, who represents Delee, continues to pursue say Delee acted in self-defense. In earlier motions, Falkner said, “Defendant John Delee hereby notifies the state that he intends to rely on self-defense, consistent with R.S.A. 627:4 (II)(A) which allows the use of deadly force upon reasonable belief that another person is about to use unlawful, deadly force against the actor.”

The list of witnesses who will be called by the defense was discussed, and the possible schedule conflict of one of the defense witnesses who is scheduled to leave for Denmark on December 1st.
Scott Chase from the New Hampshire Attorney General’s Office challenged having the defense witness scheduled during the prosecution's case.

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Chase estimated the prosecution’s case will take 2 to 3 days and he doesn’t want to have to “walk back” what the defense witness says. He said the witness's testimony appears to have credibility issues.

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Honorable Judge William Delker took the situation under advisement and directed the defense to find out what time the witness was leaving the country.

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It was determined that jury selection will take place on Nov. 28. The trial will begin on Nov. 29 and will involve the jury being taken to the scene of the incident. The jury will be transported by a bus to the scene and walk through the area of Old Granite Street where the fatal shooting occurred.

Delee, who was led into court by Hillsborough County Sheriff Deputies, saw at the defense table listening to the hearing that took more than an hour. At no time did Delee show any emotion, or have conversations with his attornies.

Delee has been held at the Hillsborough County House of Corrections since the fatal shooting occurred.

It was revealed in court that immediately after the shooting, police took Delee into custody at gunpoint and had him kneel on the ground while he was handcuffed. What Delee said in the 1.5 to 2 minutes after being taken into custody was discussed by both the defense and prosecution.

Another discussion in court Thursday was about a defense witness who they say heard “a crowd of 5 or 6 men” say, “This is New Hampshire you p**y we all have guns. The prosecution says when Delee spoke to police immediately after the incident, he stated many reasons why it was self-defense but never mentioned hearing that statement.

The prosecution said the man never identified specifically which men made that statement and that it should not be admissible. This will be taken under advisement by Judge Delker.

On April 21, 2023, the Hillsborough County Grand Jury – Northern District returned indictments charging Mr. Delee with one count of second-degree murder for knowingly causing Mr. Pouliot’s death by shooting him.

The Grand Jury also indicted Mr. Delee on an alternative count of second-degree murder for recklessly causing the death of Mr. Pouliot under circumstances manifesting an extreme indifference to the value of human life, by shooting him.

Delee was also indicted for reckless conduct, in that he recklessly placed another in danger of serious bodily injury, by means of a deadly weapon, by firing a pistol multiple times in proximity to occupied motor vehicles and/or pedestrians.

Delee could face up to life in prison if found guilty by the jury who will weigh the actions he took, and his self-defense claim.

©Jeffrey Hastings www.frameofmindphoto.com/news

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