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SWANSBORO--No charges will be filed against the off-duty sheriff's deputy who police say shot and killed a Havelock firefighter in February.

Onslow County DA Ernie Lee made the announcement during a news conference Wednesday morning. Police said deputy Adam Stock shot Austin Zundel, 27, multiple times after a confrontation in a Swansboro neighborhood. According to police, after punching holes in the walls of his house Zundel acquired two shotguns and began shooting them up in the air in the streets of the neighborhood.

Evidence showed that Zundel had a BAC of 0.14 at the time of the shooting. Stock, a reserve deputy with the Onslow County Seriff's Department, heard the shots and confronted Zundel. According to Lee, Zundel hit Stock with the shotgun and then appeared to be pointing the gun at Stock.

At that point Stock fired five shots at Zundel, he was taken to Pitt Memorial Hospital where he later died. Lee said Stock's actions were justified and supported by evidence.

“As tragic as this incident is because Jennifer Zundel has lost her husband and parents have lost their son. As tragic as this whole incident is with the loss of life, Deputy Stock nonetheless was justified in defending himself from death or great bodily injury,” said Lee, DA of Onslow County.

The SBI was called out the night of the shooting and was the lead investigating agency.