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Man given immunity to testify in Tremonton shooting case

By Mark Shenefelt - | Jan 30, 2023

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BRIGHAM CITY — Prosecutors have granted immunity to an alleged victim in a Tremonton shooting for his testimony against the suspect, who is claiming self-defense.

Two men were shot in Tremonton on Aug. 31, 2022, after a man went to a warehouse to confront someone he suspected of stealing his electric bicycle. Richard Matthew Barlow, 25, is charged with two counts of first-degree felony attempted murder, three counts of felony discharge of a firearm and a misdemeanor charge of carrying a concealed firearm. Both of the men shot were seriously injured, according to the Tremonton-Garland Police Department.

The Box Elder County Attorney’s Office last week filed a notice in 1st District Court in Brigham City saying it has granted immunity to one of the shooting victims in order to compel his testimony at Barlow’s scheduled March 15-17 trial or any related hearings.

The measure allows the 36-year-old witness to testify “without fear of incriminating himself on any other allegations or cases,” the notice said. The immunity does not extend to any false statements that might be given in the protected testimony, “but protects the witness from prosecution for past perjurious statements thereby revealed,” it said.

Efforts to contact the prosecutor on the case, Blair Wardle, were not immediately successful.

In charging documents, police alleged that Barlow went to confront the men and they argued. Barlow then reportedly pulled a 9 mm handgun from one pocket and a magazine from another, loaded the firearm, racked the gun and fired three shots.

After the shots, one of the men begged Barlow to help him, but he left and went home, according to the charging documents.

A self-defense motion, filed by defense attorney Randall Richards, said Barlow was home when he heard noises in his garage, looked out and saw a man he recognized. He went to the garage and found that one of his electric bicycles was gone.

Barlow went to a warehouse where he thought the man might be, knocked on the door and then saw two men running away from the building, the motion said. Barlow “got scared” and went back to his scooter. Instead of calling police, he decided to go back to the warehouse.

The motion said Barlow put on a mask because he knew that one of the men was in a criminal gang. He knocked on the door, the two came out and one recognized him, so he took off the mask.

Barlow, according to the motion, asked them, “Are you going to give me my stuff back or should I call the cops?” and they rushed him.

“He decided to shoot to protect himself,” the motion said, adding that Barlow shot one man, then the other, then shot the first a second time when that man “came at him again.”

Barlow then “panicked” and went home, the motion said. A short time later, he reportedly decided to go back, and when he saw an ambulance at the warehouse “he knew they would be OK and went home.”

Police soon arrested Barlow at his home. The charging documents said Barlow initially denied knowing anything about the shootings but he then admitted to shooting the men. Barlow also allegedly admitted, according to the documents, “that the two never rushed at him, did not touch him, and that he did not see any weapon.”

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