An officer with the Fox Valley (WI) Police Department who shot and killed a man last month will not face criminal charges.

According to NBC News, Wisconsin Department of Justice and the Outagamie County District Attorney found that Officer Sam Pynenberg was justified in using deadly force against 34-year-old Eduard Alexis Lopez-Ucles in early September.

The incident occurred when Lopez-Ucles led police in a vehicle pursuit that started in Appleton and ended in Kaukauna where the subject vehicle crashed.

Officer Pynenberg exited his vehicle and issued commands for Lopez-Ucles to surrender.

Instead, Lopez-Ucles accelerated toward Pynenberg, who opened fire, fatally wounding the assailant.