(WUSA) -- A Fairfax County police officer who shot a man on July 8 will not be charged.
Fairfax County police say that the Fairfax County Commonwealth's Attorney told the police chief that in his legal opinion, the officer who fired his weapon, Edward Carpenter, did so justifiably.
On July 8 at about 11:20 p.m., Carpenter and another officer had seen two men acting suspiciously in the area of Frye Road and Madge Lane. When the officers approached the men, one fled on foot. During a struggle when the officers tried to detain him, the suspect fired several shots toward the officers.
Carpenter returned fire, striking the man, later identified as Nicholas Allen Kaelber of Woodbridge. Kaelber died after being taken to Inova Mount Vernon Hospital. Both officers were placed on leave while the incident was investigated.
Carpenter has been with the department for seven years and is currently assigned to the Mt. Vernon District Station.