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(New Hope) — A Pennsylvania police officer who mistakenly pulled his weapon rather than his stun gun won’t face charges for shooting a man in police custody last month.

Bucks County District Attorney Matthew Weintraub says the shooting was an accident, adding it was “neither criminal nor justified, but was excused.”

The Philadelphia Inquirer reports the officer, who retired Wednesday and whose name was not released, shot 38-year-old Brian Riling during a scuffle inside a holding cell at the New Hope Police Department on March 3.

Weintraub says as the officer struggled with Riling, he yelled “Taser!” as a warning, but mistakenly drew his gun and shot him in the stomach. Riling was in critical condition but has been released from the hospital.

Riling was in police custody after an arrest earlier that day on intimidation charges.

His attorney Richard Fink says he has no comment.