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The D.A. has to make a decision based upon the evidence and the law. If a D.A. determines that based upon the evidence and the law he would not be able to win the case it is his duty to the office that he holds...not to prosecute and waste tax payer's funds.
The Chief of Police apparently has stated that the shooting violates police policy/procedure so I would assume that he will be fired...if he has not already been fired...and with this in his jacket it will be unlikely that he will be hired by another town as a police officer.
As for a warning shot...police are not trained to fire warning shots...and most are trained to fire a minimum of three rounds...and some are trained to fire and keep firing until the perp goes down.
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