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Plymouth Officer Not Charged In Fatal Shooting At Arby's

MINNEAPOLIS (WCCO) -- A Plymouth police officer will not face charges in the fatal shooting of a man who reached for her gun in a struggle inside of a fast food restaurant last summer.

The Hennepin County Attorney's Office says lab tests confirmed that Derek Wolfsteller's DNA was on the gun holster and belt of Officer Amy Therkelsen.

She was called to an Arby's restaurant in Plymouth on the night of July 23, 2015 on a report of a disturbance.

Police say three people were already trying to subdue Wolfsteller when Therkelsen arrived. She used an electroshock weapon on him to no avail, and continued wrestling with him on the floor along with the Arby's employees.

Hennepin County Attorney Mike Freeman says Wolfsteller reached for Therkelsen's gun during the struggle, and Therkelsen took control of her weapon and fatally shot him in the head.

"When she was able to regain control of her gun it was reasonable for her to conclude that she must shoot Mr. Wolfsteller in order to protect herself, the three employees and others in the restaurant," Freeman said. "So no criminal charges are warranted against the officer."

Freeman calls the case "tragic," and gave his sympathy to Wolfsteller's family.

Click here to read the full report.

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