GREELEY, Colo. (CBS4)– Protesters demonstrated on Wednesday against the Weld County District Attorney’s decision not to file charges against police officers who shot and killed an Evans man last month.

District Attorney Michael Rourke said officers were justified in shooting Michael Rodriguez because he threatened them with what turned out to be a nail gun.

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(credit: Weld County DA)

(credit: Weld County DA)

The DA’s report states that Michael Rodriguez, 39, pointed a nail gun at police outside Paradise Billards on 31st Street in Evans. Officers from LaSalle and Evans believed it was a firearm and shot him four times, eventually killing him.

Police were called to the bar and restaurant on Jan. 4 after a report that Rodriguez was threatening people with a gun and assaulting his girlfriend.

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Lollie Rios with a picture of her son, Michael Rodriguez (credit: CBS)

Lollie Rios with a picture of her son, Michael Rodriguez (credit: CBS)

In a statement, the DA said charges will not be filed, “Because the officers reasonably believed it was necessary to defend themselves and others from Mr. Rodriguez’s threatened use of deadly physical force.”

Some are questioning what they call a pattern of police brutality.

Protesters gathered outside the Weld County DA's office on Wednesday (credit: CBS)

Protesters gathered outside the Weld County DA’s office on Wednesday (credit: CBS)

“As a citizen I’m concerned that we have four killings in eight months, that’s not acceptable. Things need to change and I don’t know if it has to do with policy or response but something needs to change, nobody should be okay with four killings in eight months by police,” said Greeley resident Sylvia Martinez.

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Rourke would not comment on the protest.