SOUTH SAN FRANCISCO (CBS / AP) — San Mateo County prosecutors say the fatal shooting of a 15-year-old boy for allegedly pointing a gun at a South San Francisco police officer was “justifiable.”

District Attorney Steve Wagstaffe said Wednesday that the use of lethal force by officer Joshua Cabillo was “a lawful response” when Cabillo fatally shot Derrick Gaines in a gas station parking lot on June 5.

Police say Cabillo made contact with Gaines and another teen because he thought they were taking part in suspicious behavior. Police say when Gaines ran from Cabillo, the officer gave chase and then shot Gaines when the teen pulled out a gun.

Gaines later died at a local hospital. Police say they recovered his gun at the scene.

Gaines’ lawyer, John Burris, said he still intends to file a lawsuit against the South San Francisco Police Department over the shooting.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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