Two Charlotte-Mecklenburg police officers will not be charged after killing a Charlotte man in September who carried an unloaded gun when he was shot, Mecklenburg County District Attorney Andrew Murray announced Friday.

Courtney Suggs and David Guerra have been on paid administrative leave since Sept. 6, when 29-year-old Ruben Galindo called 911 and was shot by officers responding to his call.

On the night of the shooting, Galindo told dispatchers he was trying to turn himself in for an upcoming court date involving an earlier arrest for pointing a gun at someone. In the 911 call released to the Observer, Galindo tells the dispatcher he has a gun on him, but repeats the phrase “I have no bullets” in Spanish.

In Murray’s report, he ruled Galindo failed to follow officers’ commands to put his weapon down, the Charlotte Observer reports. He also said Galindo was impaired during the encounter. (A toxicology report released Tuesday showed Galindo had a blood-alcohol level of .23 but no drugs in his system.)

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