Lehigh County District Attorney Gavin P. Holihan said that no charges will be filed against the shooter in a July 6 fatal incident.

Tamir Johnson, a former Kutztown University basketball player, died in the 3:37 a.m. incident at Fifth and Hamilton streets in Allentown. Holihan ruled the shooter, John Doe, whose name is not being identified because he does not face criminal charges, was justified in the shooting, police said.

The shooting occurred following an altercation between Doe and Johnson, who was shot and later pronounced dead at an area hospital.

Holihan said video surveillance from nearby locations showed two vehicles were 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 the 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 and swung the bat at Doe, striking the driver’s side door.

Doe, in legal possession of a handgun, fired once at Johnson, striking him. Johnson stopped striking the car, moved away from the vehicle and dropped the bat.

Holihan said Pennsylvania law states that the use of deadly force is justified under certain extreme circumstances. He said 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 displays or uses a weapon that is readily or apparently capable of lethal use.

The DA said the investigation revealed Doe did not provoke Johnson’s conduct, noting Johnson pursued the Prius for approximately two blocks before cutting it off in the 500 block of Hamilton Street. Johnson got out of the Audi with a bat and swung it at Doe, who remained in the driver’s seat of the Prius.

The DA said Doe reasonably concluded the bat was a weapon that was readily capable of lethal use. Under those circumstances, Doe was legally justified in using deadly force under Pennsylvania’s “Stand your ground law,” Holihan said.

He said 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.

“While the law justifies the use of deadly force in such a situation, it is not something to be taken lightly,” Holihan said in a release. “It has profound consequences for the family of Johnson, and also for the driver of the Prius, who has expressed remorse for what transpired.”

Holihan said his office met with Johnson’s family, who requested the DA not only address how his life was ended, but how his life was lived.

“Johnson was so much more than a moment of conflict. He was the father of three beautiful children, a devoted partner, a son, a brother, a nephew and a loyal friend,” his family told Holihan.

The DA said Johnson’s family described him as a provider, a protector and their light, and said his children were his world and he never missed a moment in their lives.

He added, “Tamir was a talented athlete and proud college graduate who played basketball at Kutztown University where he left a lasting mark through his performance and the friends he made there, according to his family. He wanted to return to school to pursue his master’s degree. “

Tamir’s family told the DA he was passionate about helping others – especially at-risk youth – and that passion shaped his career. He worked at Glen Mills School and later for organizations like Homestead Family Services, Sevita and Comhar.

Holihan said the investigation was conducted by the Allentown Police Department and the Lehigh County Homicide Task Force, with the assistance of the Lehigh County Coroner’s Office, the Lehigh County Sheriff’s Office and the James B. Martin Regional Intelligence and Investigation Center.