SPOKANE, Wash. – The Spokane County Prosecutor’s Office decided not to charge the officer who shot a man on the run in Spokane who was a suspect in an unsolved Nevada homicide back in September.

Spokane Police Officer Tucker Seitz shot suspect Anthony Davis in the bicep during the incident near W. Sinto and N. Monroe in the early morning hours of September 18.

According to a release from Spokane County officials, Davis had been the subject of an intelligence briefing given to officers, and they had been told he was an “officer safety hazard” wanted out of Reno. They also were notified he was a suspect in an unsolved homicide from which the murder weapon had not been found.

SPD officers said they spotted Davis at about 2:30 a.m. and led them on a high-speed chase though the area. SPD said at the intersection of Sinto and Monroe, the suspect tried to take a high speed left turn onto Sinto, lost control, and hit a tree.

Davis and the passenger then ran away, trying to escape. The passenger successfully scaled a fence, but according to SPD, Davis did not and when the two officers caught up to him, he allegedly ignored all their commands and started to charge at one of the officers, Tucker Seitz.

“While approaching Seitz, Davis had his right hand concealed in his front waistband area,” the release reads. “In fear for his own and Officer McMurtrey’s safety, Seitz fired his firearm two times at Davis who went to the ground with his right bicep.”

Davis survived the shooting and was taken into custody with non-life-threatening injuries.

“Under these circumstances, it was reasonable for Officer Seitz to use deadly force,” the prosecutor’s office said in a release. “Davis presented a serious and immediate threat to Officer Seitz and McMurtrey as he charged at Seitz. There is no indication Officer Seitz acted out of malice or lacked a good faith belief in the correctness of his actions. Therefore, no criminal liability attaches and no criminal charges will be filed against Officer Seitz.”