Xavier DuBois was under investigation for another fatal shooting incident. Would he be indicted for his decision to draw his .357 revolver and mortally wound a subject menacing a hostage with a six inch open-bladed knife? Would the fact that the subject appeared to slip and lose his footing only seconds before Xavier opened fire, striking and killing the subject with one bullet to the skull, argue in favor of prosecution? If so, would a prior deadly force incident be admissible as to Xavier’s intent and state of mind? Or was the subject’s act of pressing a knife to the throat of the hostage, regardless of the fact that the hostage was a Homeland Security employee, be sufficient to establish imminent threat of death or serious bodily harm consistent with existing case law established by the U.S. Supreme Court?

“Yeah, yeah, so what did the U.S. Attorney’s Office decide?” demanded Strut MacPherson.

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