Boulder County, Colo. - The District Attorney’s Office announced today that the criminal investigation and analysis of the fatal shooting of Dariss Malikie Yearby on August 10, 2026, involving Officer Joshua Barry in Longmont has been completed.

The Boulder County Investigation Team, also known as the Critical Incident Team (“BCIT”), investigated this case. The multi-agency team investigates use-of-force incidents in which any law enforcement officer within the 20th Judicial District uses deadly, or potentially deadly, physical force against a person. Following this tragic shooting, the BCIT responded and conducted a thorough, independent investigation to determine if criminal charges should be filed against any of the officers involved.

At the time of this shooting, Mr. Yearby had a pending criminal case involving the same victim, in which he was charged with Attempted Murder and related charges. A protection order had been issued by the Court, prohibiting him from having any contact with the victim. Mr. Yearby was held in the jail before bond was posted. Prior to the August 10th encounter with officers, Mr. Yearby had indicated that he did not want to return to jail and that, if necessary, he would cause police officers to take his life.

On August 10th, the Longmont Police Department responded to a 911 call for a domestic disturbance involving H.T. and Mr. Yearby. H.T.’s mother had called 911 from another location and reported that Mr. Yearby was inside her residence, threatened to kill her daughter, and that an active protection order was in place.

Officers responded to the residence and repeatedly made announcements for Mr. Yearby to exit the residence. After not receiving a response, officers entered the residence with permission from the homeowner. They found Mr. Yearby and H.T. inside a bedroom. Mr. Yearby was holding H.T. in a headlock with his left arm and had his right hand concealed inside or behind a bag pointed at H.T.’s head. Mr. Yearby repeatedly told officers that he had a gun, although H.T. tried to yell that he did not have a gun. Officers gave Mr. Yearby multiple commands to drop what he was holding and to let H.T. go. Officer Barry arrived on scene and ran into the house, joining the other officers. At this point, H.T. was screaming loudly, and Mr. Yearby was repeatedly yelling that he had a gun. After failing to respond to multiple commands from officers, Officer Barry shot Mr. Yearby once and killed him.

After a thorough investigation, the District Attorney’s Office concluded that Officer Barry was legally justified in using deadly physical force under these circumstances and, as a result, did not commit a crime. Additional information regarding Mr. Yearby’s pending case, his actions on August 10th, the response by law enforcement officer, and the investigation and legal analysis are contained in the lengthy Decision Letter.

District Attorney Michael Dougherty stated, “This shooting and the loss of Mr. Yearby’s life is incredibly tragic. I feel terrible for everyone involved in, and impacted by, this domestic violence incident. The Critical Incident Team carried out a comprehensive and independent investigation. I deeply appreciate their efforts, especially since a young person died. Based on the thorough investigation and my analysis, no criminal charges can or should be filed against the officers who rushed to the scene in response to this quickly evolving threat.”

The District Attorney’s detailed report can be found on the Officer Involved Shooting Decision Letters (https://bouldercounty.gov/district-attorney/officer-involved-shooting-decision-letters) page on the District Attorney’s website.

DA Dougherty conducts a Community Town Hall after every BCIT investigation in our continuing effort to be transparent and accessible. For individuals interested in the process and finding, District Attorney Dougherty will conduct a Town Hall https://bit.ly/Nov3OISTownHall via Microsoft Teams on November 3rd , 2026 at 11:00 am. Questions can be submitted in advance via email. (boulderda@bouldercounty.gov).