A Southeast Texas police officer will not face charges in the fatal shooting of a man who investigators say threatened a woman with a sword and then attacked the officer

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GALVESTON, Texas (AP) — A Southeast Texas police officer will not face charges in the 2017 fatal shooting of a man who investigators say threatened a woman with a sword and then attacked the officer.

Galveston County prosecutors on Monday announced a grand jury took no action against La Marque (luh MARK’) police Officer Jose Santos.

Santos in December responded to a reported home invasion and an intruder with a sword who was threatening the resident. Police say the suspect, 62-year-old Gregory Ham, fled to a nearby shed but was located by Santos.

Authorities say Ham used the sword to hit the officer in the head. Santos then fatally shot Ham.

A medical examiner determined the suspect had marijuana in his system during the incident.