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Tuesday, June 18, 2013 | 10:34 p.m.

Updated: 5:16 p.m. Tuesday, June 12, 2012 | Posted: 4:56 p.m. Tuesday, June 12, 2012

Prosecutor: Weirton officer was justified in fatal shooting

By Kelly Camarote and  NEWS9

BROOKE COUNTY, W.Va. —

The Brooke County prosecutor's office said final findings have shown that a police officer was justified in fatally shooting a man in March.

The officer shot and killed 29-year-old William Taft Harmon in a downtown Weirton parking lot after the officer found Taft breaking in to an ATM machine.

Investigators said Harmon and the officer were about 11 feet apart when Harmon charged at the officer with a pipe.

"(Taft) charged (the officer) with his hand over his head," Barki said. "The officer backed away shot once, grazed the guy. The guy kept coming at him a couple feet away, threw the pipe. The officer shot a second time at that point and that was the bullet that killed (Taft)," said Joe Barki with the Brooke County Prosecutor's Office.

He said the case will not go before a grand jury because there is so much evidence that the shooting was justified.

"It literally happens in two and a-half to three seconds from the time the guy turns and charges the officer to the time the two shots are fired … The guy falls down and the officer is one second on his radio calling for help," Barki said. "No one is truly prepared and you don't really know how you're going to react until you're in that situation. Thankfully this officer reacted appropriately."

The investigation also showed that Taft was under the influence during the March 20 altercation at the Misty Cove Laundromat.

"Based on the toxicology exam, he was legally more than twice the legal limit in terms of intoxication from alcohol and had recently ingested cocaine," Barki said.

Barki said his final findings match his preliminary findings.

"No matter what our findings are, I have a feeling there will be people who disagree with it and there's no way around that. I tried to give a complete picture as to what happened and that's in part why we were waiting for so long on all these reports to be done," Barki said.

The officer's name is not being released.

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