CHARLOTTE, NC (WBTV) - A Charlotte-Mecklenburg Police Department officer was justified in using deadly force in the shooting of 28-year-old Josue Javier Diaz in January, Mecklenburg County District Attorney Andrew Murray announced Friday.
According to police, Diaz was fatally shot by an undercover officer along the 6200 block of Albemarle Road around 1:45 p.m. Jan. 26 during an apparent road rage incident.
"In this case, the evidence clearly supports the conclusion that Diaz was armed with a firearm and aggressively approaching [the undercover officer] when the officer fired his weapon," Murray said. "Consequently, [the undercover officer] was completely justified in using deadly force to stop the attack and prevent his own death."
Murray says based on evidence he has determined not to seek charges against the officer.
The undercover police vehicle was reportedly in traffic when a vehicle with two people inside side-swiped the vehicle and then refused to stop. The detective followed the driver, later identified as Diaz, and called in the incident to CMPD.
"Then at some point the vehicle that was immediately in front of the undercover officer's car stopped, driver got of out of vehicle, produced a handgun, and shots were fired from the undercover detective, unfortunately striking and killing the driver," Deputy Chief Jeff Estes said.
MOBILE USERS: Click here to see photos from the scene of the shooting
Estes said the incident was an apparent case of road rage.
Diaz was killed due to gunshot wounds to the chest and abdomen, a report from the Medical Examiner's office concludes. According to the report, cocaine and alprazolam, Xanax, was apparent in Diaz's system.
The DA's office says the six gunshot wounds "are consistent with Diaz being in a standing position outside of his truck, facing the officer when he was shot..
Law enforcement reportedly learned that Surenos 13 gang members were actively seeking the identity of the detective involved, leading to the decision not to release the officer's name.
The detective was placed on administrative leave, per standard protocol.