EAGAN, Minn. (AP) — A grand jury in Dakota County has concluded that an Eagan police officer was justified in using deadly force in the shooting death of a suspect in August.

Sgt. Nathan Tennessen was one of two officers who exchanged gunfire with 37-year-old Justin Lee Kulhanek-Derks on Aug. 28 outside a suburban Twin Cities apartment complex. Kulhanek-Derks died of a gunshot wound to the head.

Dakota County Attorney James Backstrom says an investigation concluded that Kulhanek-Derks was legally drunk at the time of the incident and had fired a gun in the direction of officers.