A Rutland Police officer’s decision to fire at a man during an incident on Park Street last year has been deemed a justified use of deadly force by state Attorney General William Sorrell and Rutland County State’s Attorney Marc Brierre.

Sorrell and Brierre announced today that in separate reviews of Officer Frank Post’s actions on Nov. 8, 2009, his decision to discharge his firearm at Tyshawn Plowden met the legal standard which calls for the officer to reasonably believe that he or another person are in imminent danger of death or serious bodily injury and that deadly force was necessary to respond to the threat.

The incident involving Post took place during a traffic stop for a suspicious vehicle on Park Street. Post and another officer were dealing with four men in the vehicle when Post noticed that Plowden in the back seat had a handgun.

They ordered Plowden out of the car at gunpoint. But after getting out of the car, Plowden ran followed by Post. During the brief pursuit, Plowden allegedly fired one shot at Post who returned fire once. No one was injured.

Plowden escaped but was later caught and charged with a count of aggravated assault which is still pending.