O'Brien was injured by one of the shots that Barrows fired. He was taken to the Fletcher Allen hospital where he underwent surgery, which was successful. A blood sample was also taken to determine alcohol content, with a result above the legal limit. Barrows also received injuries to an arm and a leg as a result of this incident.
O'Brien was subsequently charged by police with a number of motor vehicle and criminal offenses based on his conduct. He is being prosecuted by the Chittenden County State's Attorneys Office.
Under the facts of this case, the Attorney General's Office has concluded that Barrows had a reasonable belief that he was in imminent danger of death or serious bodily injury at the time he fired at Kelley O'Brien who, after hitting him once going backwards, was driving a motor vehicle directly at him, despite commands to stop. Given the serious threat he faced, Barrows' response of using deadly force was reasonable and justified.