(MILITARY TIMES) A Philadelphia police officer has been cleared in the off-duty shooting of an AWOL Iraq veteran.
Montgomery County prosecutors say Lt. Jonathan Josey was justified in using deadly force when he came across a convenience store robbery just outside the city on March 19.
District Attorney Risa Vetri Ferman says Josey had identified himself as a police officer and that 37-year-old Kenneth Hershal DeShields refused to give up his handgun.
During a foot pursuit, Ferman says, DeShields made aggressive movements toward Josey.
Josey fired and struck DeShields twice, killing him. Ferman says the officer reasonably feared that he was in imminent danger.
The Army says DeShields had re-enlisted in 2008 for a five-year term with the Pennsylvania National Guard, but had been listed absent without leave.