The Okmulgee County District Attorney cleared two Oklahoma Highway Patrol troopers who shot and killed a Tulsa pastor in May.
The troopers killed Nehemiah Fischer during a struggle on May 29, 2015.
District Attorney Rob Barris says the use of force was legally justified. Barris says he based his decision on numerous witness statements, statements from Fischer's brother and the troopers and from radio logs and video from the trooper's dash cam.
He says when the troopers told Nehemiah Fischer and his brother, Brandon, to leave their truck that was stuck in fast-moving flood water, Nehemiah charged at one of the troopers, knocked him to the ground and held his head under the water.
He says independent witnesses reported both brothers were intoxicated.
Brandon Fischer is charged with assaulting an officer and public intoxication.