A Fountain police officer’s killing of a teenager in September was ruled justified, according to a 4th Judicial District Attorney’s Office news release sent Monday afternoon.

An investigation by the DA’s Office and the El Paso County Sheriff’s Office cleared Fountain Police Department Officer John Kay of any wrongdoing when he used deadly force against 17-year-old Patrick O’Grady, who was wanted for car theft.

On the afternoon of Sept. 24, Kay responded to a 911 call to 775 Legend Oak Drive, where he saw a motorcycle lying on its side in the driveway. Kay knew the residence as the home of Elizabeth Alvar, who had reported that her son, O’Grady, ran away a few days earlier and took the family car in order to sell it.

When Alvar saw Kay outside the house, she ran up to him, saying, “Come here, come here, I need you.” She ushered him into the house and went upstairs where she gestured to the bathroom. Kay could hear the shower running, and O’Grady was standing there when Alvar opened the door.

O’Grady turned and grabbed a gun from the bathroom counter and pointed it at the officer. Kay fired one shot and hit O’Grady, who later died of his wound.

An investigation revealed that O’Grady stole the gun and other items from a Fountain home that day. O’Grady, who lived in Kentucky before the family moved to Fountain, had planned to return to Legend Oak Drive to get some things and shower before leaving the state.

Fountain police will make an official statement Tuesday about the DA’s decision to clear Kay, Police Chief Chris Herberer said, adding that “it’s going to be emotional for all parties.”

“At this time, I’m letting the officer process it,” he said. “I’m going to let the family process it.”