SUFFOLK, Va. (WVEC) -- The Suffolk Office of the Commonwealth's Attorney says a police officer was justified using deadly force in a December 2015 shooting.
28-year-old Corey Achstein was shot and killed on December 28, after police dispatch received a 911 call from someone saying a man armed with a gun was chasing him in the 300 block of Causey Avenue. Police at the time say Achstein was threatening to kill three teenagers while pointing a gun at them.
Officer James Babor responded to the call and was first on the scene. According to the Commonwealth's Attorney, Babor saw Achstein about 30 feet away, walking away from him as the officer tried to approach. The suspect did not respond to Officer Babor's commands.
The person who had called 911 was still on the line and saw the events unfold, telling dispatch that Achstein was still armed.
Believing the suspect still had a gun, Babor raised his own gun and told Achstein that if he did not comply, the officer would shoot. At that point Achstein allegedly said, "Go ahead and shoot me," to which Babor replied he did not want to.
The officer, becoming more concerned that Achstein was considering "suicide by cop," continued to order Achstein to respond to his commands. Achstein eventually did lie on the ground on his back.
A second officer arrived on scene at this point, but believing Achstein was still armed -- although neither officer had seen a gun -- both kept their distance to await for additional backup.
According to the Commonwealth's Attorney's report, Achstein sat up suddenly as aa third officer pulled up in a police car. Officer Babor saw Achstein drop his hands down to his waist, out of view. Believing the suspect was reaching for a gun, Babor fired a single shot, hitting Achstein in the upper back.
Achstein's hands immediately went above his head and he said, "You shot me." No other shots were fired.
Achstein was taken to the hospital, where he died from his injuries.
A metallic pellet gun was found approximately 10 feet from where Achstein had been lying on the ground. Investigators say it was a replica of a handgun.
Based on the officer's belief that the suspect was armed and had been refusing many of his commands, and fearing for the safety of himself and the other officers on scene, the investigation concluded Babor's actions were justified.
"The office does recognize that this is a tragic situation," the report concludes. "We empathize with the Achstein family and friends and extend our condolences to them for their loss. We would like to assure all those involved that a thorough investigation was conducted and all evidence was considered prior to issuing this finding."
13News Now reached out to Achstein's family, but they chose not to comment on the investigation.
Commonwealth's Attorney report on Suffolk police shooting