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Travis County DA will not prosecute police after October officer-involved shooting

Police said the suspect was expected to make a full recovery after the shooting.

AUSTIN — The Travis County District Attorney's Office on Monday said it will not be prosecuting two officers involved in the shooting of a suspect on Oct. 5, 2018.

The case will not be presented to a grand jury for a possible indictment, the office said. Additionally, officials said the suspect has been charged with terroristic threat in two different cases that are currently pending in misdemeanor and felony court.

The two officers from the Austin Police Department were placed on paid leave following the officer-involved shooting. The suspect was identified as 48-year-old Mark Herrera.

According to police, the shooting happened in the 6900 block of Shadywood Drive. Police said they received the call at 7:37 p.m. Friday.

During a press conference that evening, officials said officers were dispatched to assist the Austin Fire Department with a grass fire at the said location. When officers were on their way, they reportedly received an update stating a man was in the street with a gun.

Witnesses reportedly told police Herrera was pointing a weapon at bystanders and himself. Police said some of those bystanders were his family members.

As officers approached the man, he pointed the gun at police and two officers fired their weapons. Herrera was reportedly shot one to three times.

The officers were identified as officer Erin Littig, who has been with the department for eight years, and Officer Ryan Mihalik, who has been with the department for two years.

Herrera was transported to the South Austin Medical Center Friday night, according to officials. He was expected to make a full recovery.

Police believe the man was trying to start a fire outside of his home on Shadywood Drive.

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