DA says no charges will be filed in deadly CMPD officer-involved shooting

CHARLOTTE, N.C. — The Mecklenburg County District Attorney's Office announced Friday that it has completed its report into a deadly officer-involved shooting earlier this year, and will not charge the Charlotte-Mecklenburg police officer who shot and killed Ruben Galindo.

[IMAGES: Man killed in CMPD officer-involved shooting]

Galindo was killed in September at an apartment on Prospect Drive in northeast Charlotte.

CMPD released body camera footage from that night, and critics said Galindo had his hands in the air when he was shot. They also said he may not have understood police orders because he only speaks Spanish.

Hector Vaca, with Action NC, said he is disappointed with the district attorney and the police.

"It's difficult to trust CMPD when a man raises his hands, complies with orders, and he's killed,” Vaca said.

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CMPD said officers opened fire because Galindo refused to drop his weapon after being told to do so.

District Attorney Andrew Murray sided with the police department.

In a 230-page document, Murray laid out his reasons for not charging the two officers who responded to that Sept. 6 scene.

There are 911 logs, and records showing that Galindo refused treatment for mental illness.

Murray called Galindo a "mentally unstable, impaired individual armed with a gun and that Galindo failed to properly comply with commands."

The city of Charlotte released a statement on district attorney's decision:

“Any loss of life is tragic. Our thoughts are with the Galindo family as well as Officer Guerra and the other officers involved. CMPD remains committed to ensuring the safety of the community it serves, as well as encouraging transparency and open dialogue.”

Brian Hochman, who represents Galindo's life partner Susy Zamora-Aleman, met with Murray on Friday morning and received the news that the officers would not be prosecuted.

"Susy was emotionally upset. She raised some very good points. She's a very strong woman,” Hochman said.

One of the main points was the positioning of Galindo's hands.

In his interview, Officer David Guerra, who fired the fatal shots, told investigators: “Recognized him pivoting the firearm towards me and the muzzle raising in my direction. I had the conscious thought of, I have to shoot this guy because I immediately felt a threat.”

Hochman disagreed.

"His hands were in the air. There was no threatening or menacing gesture."

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