Video: Attorney says Reilly’s actions in DoorDash shooting were ‘reasonable under the circumstances’

Town of Chester Highway Superintendent John Reilly – who is facing attempted murder charges, among others, stemming from last month’s shooting of DoorDash driver Alpha Oumar Barry on Reilly’s property – surrendered his passport and was ordered to wear an ankle monitor during his arraignment Monday morning at the county courthouse in Goshen.

Reilly, 48, pleaded not guilty to a 13-count indictment for second-degree attempted murder, assault with depraved indifference and weapons offenses.

Allegations

Speaking before Judge Craig Brown, Assistant Orange County District Attorney Nicholas Mangold alleged that, on the evening of May 2, an unarmed Barry approached the front door of Reilly’s Valerie Drive residence carrying a bag of food and asked if Reilly had made the order. Barry, Mangold said, was lost and driving with a dead cell phone battery.

“In response, Reilly ordered the man to leave and when the driver attempted to leave in his vehicle, Reilly emerged from his home with a shoulder holster and armed with a .45 caliber Glock pistol,” Mangold said. “Reilly racked the gun and discharged a round into the front lawn. As the victim attempted to leave in his vehicle, Reilly shot at the vehicle. Seconds later, Reilly again aimed the gun at the car and fired. A round pierced the vehicle and struck the victim in the lower back, causing devastating injuries. The .45 caliber projectile was recovered from the victim’s abdomen during emergency surgery, which resulted in the removal of over two feet of the victim’s small bowel. A subsequent judicially-authorized search warrant was executed at Reilly’s residence which resulted in the recovery of .45 caliber casings in the kitchen and front lawn, the projectile from the front lawn, the shoulder holster and loaded .45 caliber Glock pistol, and seven other illegally possessed pistols from the home. It was learned by law enforcement that while Reilly held a federal firearms license, he had no New York State firearms license or pistol permit and therefore could not lawfully possess those guns.”

Mangold added that Barry, a Guinea native, is living legally in the United States.

‘Reasonable under the circumstances’

Thomas Kenniff, of the Manhattan-based law firm Raiser & Kenniff, said Reilly acted appropriately during the incident that led to Barry being shot outside Reilly’s home.

“I think his actions were reasonable under the circumstances,” Kenniff said after the arraignment. “It is easy to look at snippets of video on social media that show fragments of an encounter that lasted minutes and draw conclusions. The only conclusions we are worried about are what a finder of fact may draw. If anybody sees the totality of the circumstances, I think my client’s conduct in that context will appear much more reasonable ... The issue is justification. Were his actions justified? Were they reasonable under the circumstances? We believe the evidence will show that they were.”

Kenniff, who successfully represented Daniel Penn last year when his client was charged with criminally negligent homicide in the death of Jordan Neely during an incident on a New York City subway, pointed to a portion of the conversation not caught on camera that he feels will exonerate his client.

“Several minutes of incident were not recorded,” Kenniff said. “You are looking at a motion-activated Ring doorbell camera that [stops recording] when the motion ceases. So, most of this encounter was never captured on video... The DA concedes that Mr. Barry is asking to get in my client’s home. Did anybody see that video? [No, because it doesn’t exist.] We know it happened because the prosecution conceded it. Everyone here has likely ordered a food delivery at some point or ordered something deliverable by an app. I would also hazard a guess that no one has ever encountered a situation in which the DoorDasher, or whatever food delivery person, has asked to enter their home.”

Kenniff contends that what took place during that unrecorded portion of the incident – such as Reilly’s 12-year-old daughter waking him up between 9 and 10 p.m. because an unknown person was knocking on the front door, Barry asking Reilly at his front door if he can charge his phone in Reilly’s house and an argument between the two men – is key to understanding his client’s mindset and ensuing actions.

The attorney added the third and final shot fired by Reilly, the only one to strike Barry, was intended to drive Barry off the property, not hit him.

Reilly is tentatively due back in court July 2.