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FORT WORTH, Texas (AP) — A Tarrant County grand jury has declined to indict a Fort Worth police officer who fatally shot a robbery suspect in December.

Officer Eduardo Gasca was cleared Monday in the Dec. 2 shooting at a business called The Gas Pipe. Gasca was one of several officers who had responded to the store on a robbery report.

A clerk who had fled the business told officers that the robber was still inside. Police say Gasca and another officer went inside and found 55-year-old Gilbert Reyna armed with a baseball bat and a screwdriver.

Police say Reyna was ordered to drop his weapons, but refused and charged at the officers instead, prompting Gasca to fire a single shot at him.

Reyna was taken to a hospital, where he was pronounced dead.

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