DAYTONA BEACH, Fla. – Two Daytona Beach police officers who shot an armed attempted carjacking suspect who pointed a rifle at them will not face criminal charges, according to the state attorney’s office.
The decision on the Memorial Day shooting was issued Tuesday.
“Based on a review of the investigation and the information provided, no further action is warranted by this office,” State Attorney R.J. Larizza wrote.
According to the report, 38-year-old Shon James approached a woman parked outside a Popeyes on International Speedway Boulevard and told her to get out of her Ford Explorer as he pointed a gun at her.
Police said the woman sped off to call 911 as James walked to a nearby Walgreens and entered a mini van moments after the driver exited it.
After that, records show officers confronted Shon at a WaWa parking lot and during that encounter, he pointed the gun at them.
“When you point a gun at officers, expect to get shot,” Daytona Beach Police Chief Craig Capri said at the time.
The officers who fired their weapons were identified as Sgt. Christie Gernert and officer Richard Jung. In total, they fired six rounds, striking James on his left hand, his upper left shoulder and on the left side of his torso.
James remains in the Volusia County Jail on charges of possession of a firearm by a convicted felon, attempted carjacking with a deadly weapon and aggravated assault on a law enforcement officer.