SHAWNEE, Okla. — A district attorney has ruled that a U.S. Marshal and an Oklahoma drug agent involved in the fatal shooting of a prison escapee were both justified in using deadly force.

The Shawnee News-Star reports that Pottawatomie County District Attorney Richard Smothermon ruled Tuesday the shooting death of 40-year-old Ricky Leon Rusche was justified.

Smothermon declined charges against Deputy Marshal Anthony Degiusti of the U.S. Marshal’s Service and Agent Robert Lewis of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

Evidence shows Rusche escaped from the Oklahoma Department of Corrections Dec. 26. Police issued a felony arrest warrant the following day.

The U.S. Marshal’s Service Task Force found Rusche in a trailer house late January. Degiusti and Lewis fatally shot him, saying he refused to comply and threatened law enforcement.

Information from: The Shawnee News-Star,

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