-- when detective gibson went to the area -- he found the man who matched that description -- kawanza beaty. the report says beaty was also with another man -- emmanual dargan. the report says detective gibson -- along with the two officers he called for back-up -- master police officer keller and sergeant sinclair -- all saw beaty walking with a stiff arm -- and believed he was carrying a weapon -- as the witness told them. when detective gibson gave beaty commands to stop -- he ran. and the report says even emmanuel dargan -- who listened to police and did not run -- heard the officers give beaty multiple commands to drop gwynn says -- all three officers also saw beaty point his weapon towards seargeant sinclair -- and feared that he was going to shoot -- when detective gibson stepped in and shot him first. 40;16 once you have a right to use deadly force you have a right to eliminate the threat gwynn says -- when the officer has that right -- it doesn )t matter where on the body they shoot. detective gibson shot beaty in the head -- according to the report. gwynn also says -- they didn t

the man that matched that description -- was kawanza beaty. the report says detective gibson asked him and another man he was with -- emmanuel dargan -- to stop walking. dargan did -- but beaty did not. when sergeant sinclair and master police officer keller came for back-up -- according to the report -- beaty took off towards 18th street and peterson place. while beaty was running -- the report says -all three officers saw a sawed off and the report says -- it was when detective gibson saw beaty turn and raise his weapon towards sergeant sinclair -- he shot beaty three times. 12;37;39 the facts that we put out in this report aren t contradictory 38;35 the officers perceived a threat, they acted to use deadly force 28;18 i dont care what no one is saying there is no reason to shoot someone down in the back of the head gwynn says -- when officers see a threat like detective gibson did -- it doesn t matter where they shoot the person. he also said -- the officers ) history -- did not affect his investigation as well. beaty s family )s attorney --

reporter: kawanza beaty's family say they vow to fight for his justice. they believe he was shot and killed by newport news police for no reason. >> it hurts. it's only been seven months. it's just like we're reliving this whole thing, all over again. reporter: beaty was shot by officer randy gibson after he pointed a sawed-off shotgun at police. the commonwealth attorney ruled the shooting was justified. >> i hope somebody do the same thing they done to my son! and i will be a witness to that! reporter: for the family, there was anger, yet sadness. they believe in this case beaty was wronged of his life. but the common wealth attorney says evidence painted a different story. >> the officers perceived a threat. reporter: gibson shot beaty in the head. this is the second time the officer has been cleared in a shooting. the first one happened in 2012 and left a man paralyzed. we ask if that's concerning. >> you may find yourself involved in five shootings. if each one of those shootings, you find yourself in a situation where you had to do what you had to d

we're told a detective along with a k-9 officer and a sergeant spotted kawanza beaty walking down a street. police say they tried talking with him but he started running. during the chase officers say they could see the gun and it fired three times and hit beaty in the head. family was not happy the shooting was ruled jusitifed. said. what no one said there is no reason to shot someone down in the back of the head it's like you aimed for this" "if he shot him in the head, if he shot him in the chest he could have you have the right to eliminate the threat" the family did file a 10 million dollar law suit again the city. even with today's result that is still happening. as for the officer who the pulled the trigger. his name is randy gibson. i'm told he will soon be back on fulltime duty. jason marks 10 on your side. an elderly woman is dead -- and several others hurt - after flames broke out in a norfolk duplex early this morning. a viewer took this picture of the fire in ocean view. two families are displaced. 10 on your side's liz kilmer is live by the scene off of kingston avenue - with

it was not the news the family of kawanza beaty s --p&hoped for. newschannel 3 s kelly rule has the update.

three officers say they tried speaking with kawanza beaty near 18th street last running. during the chase, officers say they noticed a sawed off shotgun, and it looked it at them. that's when officer randy gibson fired three times and hit beaty. beaty's family is suing gibson and chief richard myers. the family says it plans to hold a news conference following friday's meeting with the commonwealth's attorney. this morning, we want to bring you a survivor story involving a alive after he was hit by a train. the 10th grader was running late for school tuesday morning and took a short cut. police say he was walking near the train tracks with his head phones on. (mathieu bonhomme/ hit by a train) "i was walking and out of no where i just got hit. (butt to) "i was underneath it and it was just dragging me." the teen remained conscious and managed to call his dad. the 17-year-old has cuts on both hands, across his injuries. a roanoke jury found six people guilty in the death of a waynesboro reserve police captain kevin quick. the charges ranged from gang conspiracy. about 45-y

three officers say they tried speaking with kawanza beaty near 18th street last july, but he started running. during the chase, officers say they noticed a sawed off shotgun, and it looked like beaty was pointing it at them. that's when officer randy gibson fired three times and hit beaty. beaty's family is suing gibson and chief richard myers. the family says it plans to hold a news conference following friday's meeting with the commonwealth's attorney. bring you a survivor story involving a virginia teenager. the roanoke 17-year-old says he's lucky to be alive after he was hit by a train. the 10th grader was running late for school tuesday morning and took a short cut. police say he was walking near the train tracks with his head phones on. (mathieu bonhomme/ hit by a train) "i was walking and out of no where i just got hit. (butt to) "i was underneath it and it was just dragging me." the teen remained conscious and managed to call his dad. the 17-year-old has cuts on both hands, across his face, and other minor injuries. coming up, expanded coverage as people clean up after yester

commonwealth's attorney ruled a officer-involved shooting death-- was police say they tried talking with kawanza beaty on july 4th- but he took off. during the chase-- officers said they could see the gun, and it fired three times-- hitting beaty in the head. those findings were released today-- and beaty's family is not satisfied. 09=35:35 "i don't care what nobody said. what no one said there is no reason to shot someone in the head, if he shot him in the chest he could have shot him in the heart it doesn't matter once you have the right to use deadly force you have the right to eliminate the threat" the beaty family filed a 10-million-dollar lawsuit against the city-- and they say they plan to go forward with it. we are following developments in two mass shootings-- the latest-- this afternoon in washington state. five people are dead in what police are describing as a "horrific" apparent murder-suicide. police received calls about four shots being fired at a home southeast of seattle. a man called 9-1-1 saying he shot and children. they say right when they got there-- the suspect killed himself. a

police say they tried talking with kawanza beaty on july 4th- but he appeared as if he pointed it one of officers. that's when officer randy gibson fired three times-- hitting beaty in the head. those findings were released yesterday -- and beaty's family is not satisfied. 09=35:35 "i don't care what nobody said. what no one said there is no reason to shot someone down in the him in the chest he could have shot him in the right to eliminate the the beaty family filed a 10-million-dollar lawsuit against the city-- and they say they plan to go forward with it. criminal charges have been dropped against a navy petty officer - accused of stabbing a fellow sailor. petty officer 3rd class wilbur harwell was accused of attacking petty officer 2nd class justin powell with a knife in the barracks at portsmouth medical center in june of 2014. his attorney's tell us a psychologist found him to have a lack of mental responsiblity. there will be a hearing to determine if harwell should be released or should be confined becuase he is a danger. 17-months after they disappeared, the families of missi

police say they tried talking with kawanza beaty on july 4th- but he took off. during the chase-- officers said they could see a gun, and it appeared as if he pointed it one of officers. that's when officer randy gibson fired three times-- hitting beaty in the head. those findings were released yesterday -- and beaty's family is not satisfied. 09=35:35 "i don't care what nobody said. what no like you aimed for this" heart it doesn't matter once you have the right to use deadly force you have the right to eliminate the threat" the beaty family filed a 10-million-dollar lawsuit against the city-- and they say they plan to go forward with it. criminal charges have been dropped against a navy petty officer - stabbing a fellow sailor. petty officer 3rd class wilbur harwell was accused of attacking petty officer 2nd class justin powell with a knife in the barracks at portsmouth medical center in june of 2014. his attorney's tell us a psychologist found him to have a lack of mental responsiblity. there will be a hearing to determine if harwell should be released or sho