The incident happened on Jan. 14 at an apartment off Castle Ridge Drive.
Officers responded to 19-year-old James Spivey’s residence after receiving a 911 call from a counselor for Family Outreach, who told dispatchers she was concerned for the welfare of her client after receiving a phone call from him.
During the response, Spivey ran to the upper level of the apartment and armed himself with what appeared to be a real handgun. The gun turned out to be an airsoft gun, a model that didn’t have an orange tip, which didn’t allow responding officers to determine whether or not the gun was real during the incident.
An officer fired three rounds after repeated attempts to get Spivey to drop the weapon, which he refused, hitting Spivey in the abdomen and arm.
Here is the release from the Kent County Prosecutor’s Office leading to the conclusion the shooting was justified.