AMARILLO, TX (KFDA) - The Potter County Grand Jury will not recommend charges against two Amarillo police officers involved in the shooting death of a man this past June.
On June 27th, Officers Bryan Gaitan and Michael Wheeler responded to a trespassing call at an apartment complex on South Nelson Street.
Police said suspect Jason Herrera began fighting with the two officers, broke free after being tased, and then pointed a handgun them.
Gaitan then fired his weapon, killing Herrera.
"The grand jury found that the officers acted appropriately and that there was no wrongdoing on their part," said Randall Sims, 47th District Attorney. "They found that they acted in self defense which is legal for anyone to be able to use."
Gaitan and Wheeler were both on paid administrative leave after the shooting.
"They'll just go back to duty," said Lt. Erick Bohannon with the APD's Special Crimes Unit. "There are some other procedural things that happen. We'll evaluate the officers, make sure they're okay to go back to duty."
This is the first time in recent memory an officer involved shooting has stemmed from a domestic call.
"It's the first that I know of," said Bohannon. "I don't remember any other in my six years in Special Crimes that revolved around a domestic violence incident. Domestic violence is volatile. People's emotions are high, and yes it is a very dangerous situation for the police to deal with."
Both officers are five year veterans of the department and are now back at work.
Wheeler just recently returned to duty due to head injuries he incurred during this incident.