SALT LAKE CITY (ABC4) – The Salt Lake County District Attorney’s office released their findings Friday on whether a Salt Lake City police officer was justified in a deadly shooting that took place four years ago. 

There will not be charges against Sgt. Joshua Allred who shot and killed 32-year-old Delorean Pikyavit. 

The decision was made by a grand jury, not by the District Attorney’s office. 

“The grand jury declined to issue an indictment. As a result there will be no criminal charges filed against Sgt. Allred related to this case,” Salt Lake County District Attorney Sim Gill said.

Three experts were consulted to see if Sgt. Allred was justified in shooting Pikyavit, all had differing opinions. 

Sim Gill said because of these differing opinions, the case was turned to a grand jury. 

“I had this really weird space: not justified, justified, and one saying well ultimately justified but boy were there were some tactical and policy errors,” Gill said. 

In April 2018 Pikyavit’s girlfriend reportedly called 9-1-1 and said he punched her multiple times and then threatened to kill himself. 

Once officers arrived, body-cam footage shows Pikyavit holding a knife and scissors and telling officers and SWAT multiple times “shoot me.” 

Footage also shows the negotiator repeatedly telling Pikyavit to sit and telling Sgt. Allred to stop talking. 

When Pikyavit takes a step forward, a nonlethal shot is fired and milliseconds later a lethal shot is fired by Sgt. Allred, killing Pikyavit. 

Sim Gill said he believes there were issues in police protocol when Pikyavit was shot. 

“When you have a swat team that has a ballistic shield , is fully armed, and has two rifles but also has a less lethal one would think the whole protocol would be to move that sequentially from less lethal to lethal,” Gill said. 

He also said it took years to get a statement from Allred, opinions from experts and a ruling from the grand jury, all contributing to the prolonged decision. 

SLCPD released a statement saying:

“These are always tragic situations, and our condolences are with the Pikyavit family. 

The Salt Lake City Police Department thanks the grand jury for their thorough review and consideration of this case. The amount of time this incident has remained under criminal review by the district attorney is regrettable. The recent decision by the grand jury demonstrates that our officers are called upon by the community to act with professionalism and bravery in very volatile and tense situations. 

The grand jury’s decision is a decision that our community deemed our officer’s actions justified under the law. 

Police work is dynamic and complex requiring officers to make split-second decisions and our officers regularly show great professionalism, tactics and bravery in very volatile and tense situations. 

Our officers receive and utilize ongoing and comprehensive training related to use of force matters that prioritizes the preservation of life. 

Every day, our officers come to work to help ensure community safety and to protect themselves and fellow officers — we are proud of our officers.” 

Sgt. Allred is still employed by the Salt Lake City Police Department.