Jan. 3—Howard John Barton, 65, pleaded not guilty in Yuba County Superior Court on Wednesday after reportedly charging at a police officer with a meat cleaver and a hammer.

Barton was shot by a Yuba County Sheriff’s deputy during an incident on Dec. 29, 2023, and was arrested after being discharged from Adventist Health/Rideout Hospital in Marysville a day later. According to Yuba County District Attorney Clint Curry, deputy Jose Roque responded to a medical aid call in the 5400 block of Feather River Boulevard in Olivehurst in regards to a “bleeding individual” later identified as Barton.

Body cam footage from the incident was played during Barton’s arraignment on Wednesday. In the video, Roque speaks to an unidentified woman at the scene who said that Barton threw a “cleaver” in his yard.

According to the footage, Barton later emerged from his porch carrying both a meat cleaver and a hammer, after which Roque requested backup for “an elderly man with an ax” coming toward him. Barton continued to move toward Roque who pulled out a taser and repeatedly told Barton to stay back. Both men appeared to maintain a few feet of distance between each other throughout the video.

In the footage, the woman is heard saying that Barton is having a “mental breakdown” and was “not on drugs.” While calling for backup, Roque said, “He has some sort a mental issue. He’s still coming toward me.”

After repeatedly telling Barton to stay back, Roque is seen pulling out his gun, but it is not clear whether the taser was put away before this. Roque warned Barton three times that he would be shot if he continued to move toward him.

In the footage, Barton can be seen wielding a meat cleaver and a hammer in each hand. With Roque’s gun trained on him, Barton took another step in the deputy’s direction with one of the weapons raised above his head in an apparent striking motion.

Roque fired one shot into Barton’s leg, causing him to collapse to the ground. According to Curry, the remaining footage shows Roque staying next to Barton while he awaits backup and medical aid.

Barton was arrested on charges of assaulting a peace officer with a deadly weapon and resisting an officer through threats of violence and force. He was held in Sutter County Jail after being released from the hospital with bail set at $50,000 as he awaited arraignment.

During Wednesday’s hearing, Yuba County Judge Julia Scrogin revoked Barton’s bail status given his criminal history, the nature of his crime and the possibility of more harm should he be released. According to Curry, Barton was previously convicted of several felonies and misdemeanors including theft and possession of a controlled substance.

Curry played the 90-second clip of Roque’s body cam footage during the arraignment to support his motion to remove Barton’s bail. The Appeal requested this footage from the Yuba County Sheriff’s Office shortly after the incident, but was denied, citing that the case is still under investigation and not subject to release.

Curry told the Appeal that the body cam footage will not be released to the public until a verdict is reached to ensure that Barton receives a fair trial. A preliminary hearing is scheduled for Barton at the Yuba County Superior Court at 9 a.m. on Jan. 12.