Lehigh County District Attorney Gavin P. Holihan announced July 21 the conclusion of the investigation in a July 6 shooting death in Allentown.

Based upon the investigation conducted by Allentown Police Department and Lehigh County Homicide Task Force, with the assistance of Lehigh County Coroner’s Office, Lehigh County Sheriff’s Office and James B. Martin Regional Intelligence and Investigation Center, there will be no criminal charges filed against the driver of the Honda Prius who shot and killed Tamir Johnson, 35, of Whitehall. This conclusion is based on the specific facts of this case and relevant Pennsylvania law regarding self-defense, justification and the use of deadly force, Holihan said.

According to the news release from the district attorney’s office, an individual who will only be identified as John Doe was involved in the shooting that occurred approximately 3:37 a.m. July 6 at Fifth and Hamilton streets. Doe’s real name will not be released because he does not face criminal charges.

The shooting happened following an altercation between Doe and Johnson, who was shot during the altercation and later pronounced dead at an area hospital. Johnson died from a gunshot wound, and his death was ruled a homicide by the Lehigh County coroner. Video surveillance from nearby locations showed two vehicles involved in the altercation leading up to the shooting: an Audi driven by Johnson with one passenger and a Prius occupied only by Doe.

As both vehicles traveled west in the 400 block of West Hamilton Street, the Audi overtook the Prius. As both vehicles crossed Fifth Street, the Audi forced the Prius to the curb and both vehicles stopped.

Johnson got out of the Audi and approached Doe with a metal bat similar to those used for training in baseball and softball. Johnson swung the bat at Doe, striking the driver-side door. Doe, who was in legal possession of a handgun, fired once at Johnson, striking him. Johnson stopped hitting the car, moved away from the vehicle and dropped the bat.

Pennsylvania law states, in relevant part, the use of deadly force is justified under certain extreme circumstances. Deadly force is justified when a person reasonably believes such force is immediately necessary to protect himself against death or serious bodily injury when the person against whom the force is used displays or uses a weapon that is readily or apparently capable of lethal use.

As the law is applied to this situation, the investigation revealed Doe did not provoke Johnson’s conduct. Johnson pursued the Prius for approximately two blocks before cutting it off in the 500 block of Hamilton Street. Johnson then got out of the Audi with a bat and swung it at Doe, who remained in the driver’s seat of the Prius. Based on the manner in which Johnson swung the bat, Doe reasonably concluded the bat was a weapon that was readily capable of lethal use. Under those circumstances, according to Holihan, Doe was legally justified in using deadly force under Pennsylvania’s “stand your ground” law.

After firing one shot, Doe drove his car a short distance away, parked and called 911. He remained at the scene until police arrived. The 9 mm handgun used was recovered.

The second occupant of the Audi remained at the scene and was not injured. His name will also not be released.