Mecklenburg County’s district attorney Andrew Murray said Friday he won’t seek charges against an undercover Charlotte-Mecklenburg police officer who shot and killed a motorist in January.
The officer, whose name has not been released, was justified in shooting Josue Javier Diaz, 28, on Jan. 26, Murray wrote in his finding.
“In this case, the evidence clearly supports the conlusion that Diaz was armed with a firearm and aggressively approaching (the officer) when the officer fired his weapon,” Murray wrote. “Consequently, (the officer) was completely justified in using deadly force to stop the attack and prevent his own death.”
A man killed by an undercover police detective in January died from multiple gunshot wounds to the chest and abdomen, according to a Mecklenburg County Medical Examiner’s report released Tuesday.
The shooting took place on Albemarle Road in east Charlotte. Police said his truck sideswiped the officer’s unmarked vehicle, then stopped. Diaz got out of the car, police said, and fired a pistol at the officer and the officer fired back, striking him.
Diaz was shot six times to the chest, abdomen and hand, all on the left side of his body, an autopsy report showed. Toxicology tests found cocaine in Diaz’s blood.
Police said investigators recovered a .22-caliber revolver at the scene and identified a bullet hole and projectile in the vehicle the officer had been driving. Police said at the time that it appeared to be a road-rage incident.
Some witnesses had contradicted the police account.
One man who said he saw the confrontation said that Diaz appeared to be approaching the officer’s vehicle to apologize for bumping it with his truck when the shots were fired. Juan Jose Silverio, who said he was in the truck at the time of the shooting, said that Diaz’s gun remained in the glove compartment and that Diaz had gotten out to talk to the other motorist.