VIRGINIA BEACH, Va. - The Virginia Beach Commonwealth's Attorney has concluded an investigation into the police shooting death of Hans Huitz.
Colin D. Stolle, the Virginia Beach Commonwealth's Attorney said "It is within my opinion that the officers were in their legal authority and were justified in the use of deadly force in the situation as it presented itself. Therefore, no charges will be prosecuted by this office against the officers for the death of Hans Huitz."
Huitz was shot by police during an incident on February 12.
The report said the Montgomery County, Maryland officers were serving on a U.S. Marshals Task Force.
They were working to arrest a fugitive wanted for robbery and murder that happened in 1992 in Maryland.
The report said Huitz was the main suspect and had moved to Virginia Beach in 2014. Police got a search warrant for DNA from Huitz and they took it to a lab in Maryland where they were able to match the DNA to a profile recovered from the scene in 1992.
After that arrest warrants were issued for Huitz and U.S. Marshals and Virginia Beach Police worked to take Huitz into custody on February 12.
The report said officers attempted to conduct a vehicle block on Huitz as he attempted to drive away from his residence. Officers said Huitz raised a handgun and placed it in his mouth and then got another gun out and switched the guns between his mouth and side of his head, according to the report.
Officers attempted to negotiate with Huitz and through the standoff they said they started to fear for their safety after one of the guns was turned towards the Marshals, police said.
Marshals on the scene, Sergeant Brady Clouster, Detective Drew Abbamonte and Detective Dominic Dinisio each shot their firearms one time. Huitz was struck with one round and was pronounced deceased at the scene. The other rounds fired bu officers went into his vehicle but did not hit Huitz, the report said.