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DA: Fatal Shooting Of Lodi Man By Police Justified

LODI (CBS13) - The investigation into a Lodi officer-involved shooting that resulted in the death of a suspect has concluded, and the officers will not be charged.

Use of deadly force in the October 23, 2017 shooting that resulted in the death of Matthew Palaita was "justified under the circumstances", according to a statement from the San Joaquin County District Attorney's Office.

The D.A.'s office issued the report on Friday, detailing the events leading up to Palaita's shooting.

Click here to read the full report.

On October 23, 2017 Lodi Police Officer Daniel Bristow was driving his patrol car near Lincoln Avenue and Turner Road in Lodi when he reportedly saw the driver of a Honda Pilot using his cell phone as they drove past.  Officer Bristow began to initiate a traffic stop. When he activated his overhead lights, he saw Mr. Palaita, who was in the back of the Pilot, throw something into the rear cargo area of the vehicle, the report says.

The Honda Pilot stopped in the 900 block of North Pleasant Avenue. When Officer Bristow walked up to the driver's side of the SUV, he said he saw Palaita trying to hide from him on the floorboard of the back seat area. Palaita would not acknowledge Officer Bristow, and as a result, the officer decided to request another officer for backup.

Officer Dominic Carillo arrived at the scene and walked around the other side of the pilot. He told Palaita to show his hands. Palaita reportedly took his hand from the cargo area and quickly got out of the vehicle. Police say he pointed a .22 caliber revolver at Carillo. As Carillo was retreating, Carillo fired his service pistol at Palaita, who fell to the ground, the report says.

Palaita was declared dead at the scene.

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