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Shooting where officer killed veteran at DeKalb VA hospital was justified, DA says

The decision was announced Wednesday in a news release from DeKalb DA Sherry Boston's office. John Robert Smith, 58, died from his injuries in January.
Credit: WXIA 11Alive / Smith Family
John Robert Smith as a young man, graduating from high school, and in the Army.

DEKALB COUNTY, Ga. — The DeKalb County District Attorney's Office shared it has decided not to charge the officer who fatally shot a 58-year-old man at the Atlanta VA Medical Center earlier this year.

The decision was announced Wednesday in a news release from DeKalb DA Sherry Boston's office.  

John Robert Smith, Jr. died from his injuries in the shooting that happened on Jan. 29 at the DeKalb hospital, which is located on Clairmont Road. Boston and her staff said they met with Smith's family and walked them through the case, including body camera video from the officer.

"Although Mr. Smith’s death was a tragedy, the evidence shows that under the law, the officer who shot Mr. Smith was justified in his use of force and he will not be charged. Our office has now closed this case," the DA's office said. 

The investigation revealed Smith went to the VA and told staff he had thoughts of hurting himself or someone else. The DA said the staff was preparing to admit him into the hospital when he pulled out a knife. 

RELATED: Mother expresses grief for son shot, killed by officer after wielding knife at DeKalb VA hospital

Credit: WXIA 11Alive / Smith Family
John Robert Smith as a young man, graduating from high school, and in the Army.

Officers responded and tried to get Smith to drop the knife, according to the news release. During the encounter, the DA's Office said the investigation revealed Smith followed a hospital employee into a room and advanced toward him with the weapon. That's when the officer fired a gun at Smith. Aid was rendered; however, Smith died.

Smith's family had been pushing for answers in the 58-year-old's death. His mother told 11Alive earlier this year that her son was an Army veteran who had been seeking help from the VA.

RELATED: 'I just want to know what happened to my son' | Family pleads for answers after man killed in police shooting at DeKalb VA hospital

“He was trying to get help. That's why he went to the VA. And he had gone there before for help,” Onnie Smith said in January. 

“Mr. Smith’s death is a painful reminder of the struggles our veterans face, even long after their service officially ends. We grieve with his family and offer them our deepest condolences,” said DA Boston.

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