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Saratoga County

DA: Sch'dy police used justified physical force in shooting of Luis Rivera

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Albany/HV: DA: Sch'dy police used justified physical force in shooting of Luis Rivera
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A grand jury cleared three Schenectady police officers of any wrongdoing in the shooting death of Luis Rivera. YNN's Lori Chung spoke to the district attorney in the case, and people who say they won't trust the decision until they see the officer's dash camera video for themselves.

SCHENECTADY, N.Y. -- A grand jury finds Schenectady police used "justified physical force" when they fatally shot Luis Rivera during a confrontation in August 2011.

Schenectady County District Attorney Robert Carney held a press conference to announce the results of that investigation.

The 32-year-old Rivera was shot at the corner of Grove Place and State Street in August 2011. Police said Rivera ignored orders to put down a gun.

Rivera's family said he was shot in the back, but police said he turned and faced officers with the gun.

According to the DA, the grand jury heard testimony from 18 witnesses, seven of whom were civilian eye witnesses. The grand jury also looked at photographs and in-car camera video from the police's encounter with Rivera.

Carney said, "They were justified in using deadly physically force, to defend themselves and others from what they perceived to be the use of deadly force against them. As a result, no criminal charges will be filed against them in connection wit the death of Rivera."

The grand jury also got a look at the gun that was recovered by police. The officers' weapons were also examined.

The responding officers involved were placed on administrative leave during a department and state investigation into what happened.

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