CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – The Augusta County Commonwealth’s Attorney’s Office has determined the Dec. 17 shooting death of a suspect by a county deputy were “actions… not only justified, but entirely necessary”.

Virginia State Police immediately were called in after the incident on Parkersburg Turnpike where a deputy was shot in the arm, and the 42-year old suspect identified as Dustin Griffin died at the scene.

Commonwealth’s Attorney Tim Martin’s statement of determination about the case stated Griffin tried to murder an Augusta County deputy.

December 18 releases from both the sheriff’s office and state police report deputies arrived at 8:38 p.m. in the 800 block of Parkersburg just west of Staunton city limits to serve an arrest warrant.

“Dustin Griffin was wanted for repeat-offense drug dealing,” Martin wrote in his Jan. 7 letter.

Martin wrote the investigation determined Griffin fled on foot when a deputy who the suspect knew turned on the flashing lights of his vehicle.

“Once that deputy and one other caught up with Griffin, he fought them.”

Martin determined during a physical struggle between the three, Griffin retrieved a firearm from his clothing.

“He then pointed it at one of the deputies and fired, striking the deputy in the arm and severely wounding him,” Martin wrote.

“Before Griffin could fire again, a third deputy, who was standing nearby, shot Griffin while Griffin’s gun was still in his hand.”

“This allowed the deputy who remained engaged with Griffin to access his own firearm and shoot Griffin once,” Martin determined.

Martin said, “None of the deputies will face charges for their lifesaving efforts that night.”

He also added that Griffin will never face the charges for which he was to be arrested that included attempted aggravated murder, aggravated malicious wounding, using a firearm in multiple felonies, and possession of a firearm by a felon.

A look at past case histories in Virginia shows felony convictions involving drug cases.