In an announcement Friday, Mecklenburg County District Attorney Andrew Murray announced a Charlotte-Mecklenburg Police Department officer was justified in using deadly force when he shot and killed 28-year-old Josue Javier Diaz on January 26, 2017, following a case of road rage.
“In this case, the evidence clearly supports the conclusion that Diaz was armed with a firearm and aggressively approaching [the undercover officer] when the officer fired his weapon,” Murray said during Friday’s announcement. “Consequently, [the undercover officer] was completely justified in using deadly force to stop the attack and prevent his own death.”
The undercover police vehicle was reportedly in traffic when a vehicle with two people inside side-swiped the vehicle and then refused to stop. The detective followed the driver, later identified as Diaz, and called in the incident to CMPD.
“Then at some point the vehicle that was immediately in front of the undercover officer’s car stopped, the driver got of out of the vehicle, produced a handgun, and shots were fired from the undercover detective, unfortunately striking and killing the driver,” said Deputy Chief Jeff Estes.
Diaz was killed due to gunshot wounds to the chest and abdomen, a report from the Medical Examiner’s office concludes. According to the report, cocaine and alprazolam, Xanax, was apparent in Diaz’s system.
The DA’s office says the six gunshot wounds “are consistent with Diaz being in a standing position outside of his truck, facing the officer when he was shot.
Investigators will not release the name of the officer because reportedly, Surenos 13 gang members are working to find his identity to exact revenge. The officer remains on administrative leave, as is police protocol following a shooting.