Undercover officer justified in deadly shooting in east Charlotte, DA says

CHARLOTTE, N.C. — The Mecklenburg County district attorney announced Friday that he will not seek charges against an undercover officer who was involved in a deadly shooting in east Charlotte.

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

The undercover officer shot Josue Diaz, 28, in January. Investigators said Diaz approached the officer with a gun during a road rage incident on Albemarle Road, near Farm Pond Lane.

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

The 103-page report showed that the undercover officer was in an unmarked car, but a witness said when the two men got out of their cars, the officer said that he was a police officer.

The DA’s report provided pictures of the .22 caliber revolver that was recovered at the scene and used by Diaz.

A picture also showed a bullet hole in the undercover officer’s vehicle. The projectile recovered from the officer’s vehicle was determined to be a .22 caliber round.

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

The DA said evidence supports that Diaz was armed with a gun and was aggressively approaching the officer, and that the officer was justified in using deadly force to stop the attack and prevent his own death.

No charges will be filed against the undercover officer.

Eyewitness News reporter Joe Bruno is following this story and asking the district attorney about the decision. Watch his full report on Eyewitness News starting at 5 p.m. 

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