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TRENTON, N.J. (AP) — A grand jury has voted not to file charges after a New Jersey police officer fatally shot a retired New York City police officer after he fled into the woods with a gun.

The New Jersey attorney general’s office announced the decision Thursday.

Police responded to 57-year-old Patrick Fennell’s Little Egg Harbor home in July after his wife called to report that he was drunk and she heard shots being fired in the basement.

Authorities say the Ocean County SWAT team surrounded Fennell in a wooded area behind his home and an officer shot him after he pointed his gun in their direction.

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Authorities say his blood-alcohol level was about 0.12 percent.