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CMPD officer cleared in fatal shooting

The Charlotte-Mecklenburg Officer that fatally shot a man in northeast Charlotte in September will not face charges, according to the Mecklenburg County District Attorney.

CHARLOTTE, N.C. – The Charlotte-Mecklenburg Officer that fatally shot a man in northeast Charlotte in September will not face charges, according to the Mecklenburg County District Attorney.

The decision was announced Friday that CMPD officer Guerra will not be charged in connection with the shooting death of Rueben Galindo on September 6. Galindo was shot and killed after he told dispatchers he had a gun with no bullets.

RELATED: Man had blood alcohol level of .23 when fatally shot by CMPD

District Attorney Andrew Murray released a 230-page report Friday detailing his findings from an investigation of the incident. Murray said there was an imminent danger to everyone around during the confrontation, and called Galindo mentally unstable.

Murray went on to say that officers were justified in the shooting. It is still unknown if Galindo planned to surrender to police. Just a month before the shooting, the report said that Galindo was treated for psychosis and other mental health illnesses.

According to the North Carolina Chief Medical Examiner's toxicology report released Tuesday, Galindo had an alcohol/ethanol level of .23, or 230 mg/dL, which is well above the .08 blood alcohol concentration limit for driving under the influence.

The report also revealed that Galindo had no drugs in his system at the time of his death.

The autopsy for Galindo, also released Tuesday, confirmed he died from multiple gunshot wounds in the chest and head. The gunshot wounds left Galindo with multiple injuries including rib fractures, lung lacerations, a skull fracture and brain lacerations and avulsion.

According to the autopsy, the gunshot wound to Galindo's head left a large gaping defect and that the wound lacerated his brain.

Click here to read the full report and statement from District Attorney Murray.

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