Playing With Gun Leads To Bullet Fired Through Apartment Ceiling

CONCORD, NH — A man from Concord, facing a felony charge in superior court on a stolen vehicle charge from 2021, was accused of mishandling a handgun that discharged later, sending a bullet into another apartment.

On Jan. 18, a woman along with a friend met with police about an incident in her apartment on South Street from four days before. The woman said James M. Barrett, 26, of Branch Turnpike in Concord, was hanging out at her apartment when a gun he had holstered in his pants went off, an affidavit stated.

“She said while he was at the apartment, they didn’t really speak much,” an officer wrote. “(The complainant) said that Barrett was pulling his shirt up, showing and playing with the handgun that he had with him.”

While facing away from him for a moment, he started to “play with the gun” and “it accidentally discharged,” the affidavit said. He was just “messing around with the gun while it was in its holster and tucked in his pants when it went off,” the report said. The bullet then went through the floor into the apartment below.

When asked if Barrett was injured by the shot being fired, she said, “no.” She described the gun as a black .38 caliber semi-automatic.

The woman said she had been drinking and Barrett was “intoxicated before arriving to her apartment,” the report said. The complainant said Barrett left but returned the next day.

The complainant called a friend upset about the entire incident and that person assisted her in filing the report.

The reporting officer met with the property manager of the building and also spoke to the tenant who lived in the apartment below. She was not at home at the time of the shooting. The officer requested permission to look for the bullet but did not find it.

The officer then went to the apartment where the shot was fired and found the bullet hole to be about 5 feet from the entrance of the doorway. After gaining permission, he searched for a bullet shell but could not find it.

Later, the property manager found the bullet and dropped it off at police headquarters. It was found underneath the below tenant’s mattress. The damage to fix the hole was estimated to cost approximately $857, the report stated.

A warrant was issued against Barrett on Feb. 15 for reckless conduct-deadly weapon and criminal mischief charges, both felonies, as well as an unauthorized use of firearm charge.

Barrett was arrested on March 2. He had a disposition hearing in Merrimack County Superior Court on March 16 and is due back in court for arraignment on March 31. Barrett also has a dispositional conference on May 17.

According to superior court records, Barrett has an active felony theft case, concerning a stolen vehicle, from May 2021 out of Concord. He was indicted on the charge in February and has a dispositional conference on May 17. Barrett was also arrested on criminal mischief and carry-sell weapons charges in Concord in June 2017 and DUI, driving after revocation or suspension, and conduct after an accident charges in December 2019. In September 2021, he was arrested on a deal-possess prescription drugs charge and a warrant and warrants again in December 2021.

Editor's note: This post was derived from information supplied by the Concord Police Department and does not indicate a conviction. This link explains the removal request process for New Hampshire Patch police reports.

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