No substantial evidence of error in deadly CMPD shooting, review board says

CHARLOTTE, N.C. — The independent board that reviews Charlotte-Mecklenburg Police Department cases heard evidence Wednesday in a deadly officer-involved shooting.

An undercover officer shot and killed Josue Diaz in January after police said Diaz charged at him with a gun on Albemarle Road.

The Citizen's Review Board determined in a 9-1 vote that CMPD made no substantial errors in its investigation.

The district attorney determined that the undercover officer who shot Diaz was justified.

[READ: DA's report on Josue Diaz's death investigation]

In January, police said Diaz hit an undercover detective's unmarked car on Albemarle Road in east Charlotte. They said Diaz took off and the officer followed him.

Officials then said Diaz got out of his truck with a gun and aggressively moved toward the officer. That's when the officer shot and killed Diaz.

[CMPD: Armed driver fired at undercover detective before fatal shooting]

[IMAGES: Evidence released from deadly officer-involved shooting in east Charlotte]

The DA and CMPD's own internal investigation found no wrongdoing on the officer's behalf.

The Citizen’s Review Board decided Wednesday not to conduct further hearings.

In September, the review board did disagree with CMPD in the James Yarborough's use-of-force case. It was the first time the board disagreed with the department.

The Diaz family's attorney released the following statement following the review board's decision Wednesday:

"We are extremely disappointed in the CRB ruling. We disagree with an undercover officer being able to aggressively pursue a citizen, against CMPD directives, create a dangerous altercation and discharge lethal force with impunity. There should be consequences and responsibility for an officer creating a situation that led to the loss of life. The family’s desire for justice and change remains firm."

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