Derek Deandre Walker, 26, was apparently suicidal as he waved a gun and refused to surrender peacefully.
Walker was holding a black handgun, was visually upset, and sometimes crying. At one point, he was screaming at himself and police.
Within an hour, as police negotiators tried to talk him into putting down the weapon, Walker pointed the gun at his own head and slowly and deliberately pointed his weapon at police. That's when officers opened fire.
The incident was reviewed by both the SBI and the internal affairs unit at the Durham Police Department. Stanback said investigators spoke with 38 eyewitnesses, listened to 911 calls, took statements from police and EMS workers, looked at social media posts Walker made before the shooting, and spoke with people who knew and cared for him.
He said after looking at all of it, he found no probable cause to file charges.
Soon after the shooting, friends said Walker had been in a domestic dispute with the mother of his 6-year-old son and was having other problems.