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Arnold, CA – The Calaveras County’s District Attorney is calling a deputy’s use of deadly force against Kevin Duey justified. After an investigation Calaveras County District Attorney Barbra Yook says she will not press charges against Corporal Tom Oldham for the death of Kevin Duey.

In a press release, Yook states “based on facts and the law, Corporal Tom Oldham’s actions were both justified and excusable under the law. No criminal charges will be filed in the shooting death of Kevin Duey.”

The press release states an investigation revealed that Duey put citizens, vehicles driving in the area, and Corporal Oldham at risk of serious bodily injury or death. It goes on to say “The decisive actions of Corporal Oldham likely saved the lives of innocent persons who were home at the time of the incident.”

The press release gives new information on exactly what happened on the day of the shooting. Calaveras County Sheriff’s Officials say on March 15th around 8:30 in the morning, Corporal Oldham shot and killed Duey after Duey fired a total of 14 rounds from a 40 caliber Glock handgun into cars and houses on Moran Road in an Arnold neighborhood. According to an Ebbett’s Pass Gas truck driver, Duey flagged him down and from behind Duey put his arm around the truck driver’s neck while waving a handgun in front of his face.  The driver says Duey was screaming that someone was burglarizing his home.

Sheriff’s officials say later, when Corporal Oldham found Duey, he was trying to climb up a ditch to a home up above. They say Corporal Oldham told Duey he was an officer and ordered Duey to show his hands. The release says Duey turned and Corporal Oldham could see a handgun in his right hand. The deputy again stated he was an officer and ordered Duey to drop the gun. That’s when the release states, “Duey raised his right arm up towards Corporal Oldham, pointing the handgun at him. Oldham, fearing for his life and the lives of the residents in the neighborhood, shot Suspect Duey once in the posterior (back), right upper quadrant knocking him to the ground.”

The District Attorney’s office says the autopsy report backs up Oldham version of the shooting. The release states, “Duey pointed his handgun with his right hand at Corporal Oldham, which caused the rifle bullet to travel in the diagonal direction into and through Suspect Duey’s torso. This was consistent with Suspect Duey’s body facing away from Corporal Oldham while being turned slightly to his right, looking over his right shoulder, with his right arm raised and extended outward towards Corporal Oldham. “

Sheriff’s Officials say a methamphetamine pipe was found on Duey the day of the shooting. They say toxicology reports confirmed Duey was under the influence of meth and alcohol at the time of the incident.

District Attorney was unavailable for comment today.  Calaveras County Sheriiff’s Office Spokesperson Sgt. Chris Hewitt says, “The Sheriff’s Department can’t comment due to pending litigation.”

Click here and here to view earlier stories on the shooting incident.

Click here for a map of the shooting area.

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