DENVER (AP) — The Denver district attorney says an officer who shot and wounded an armed man in August had a lawful right to defend himself and won’t face charges.

District Attorney Mitchell Morrissey said Friday that no criminal charges should be filed against officer Jay Otey in the shooting of Jacob Wagner on Aug. 28.

Officers had gone to check on Wagner after his uncle said Wagner had made suicidal comments. Morrissey says that after officers arrived, Wagner refused commands to drop his gun and instead pointed it at officers before Otey fired.

Morrissey says Wagner told investigators he was setting his weapon down when he was shot but that Wagner allegedly also acknowledged refusing commands to put down his gun.

(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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