CHARLOTTE -- Friday, the Mecklenburg County district attorney announced the officer who shot and killed a man back in September acted lawfully.

Activists said body cam video proved Ruben Galindo had his hands in the air, but the district attorney says Galindo’s actions had the potential to put others in danger.

A spokesman for Ruben Galindo's family says they're disappointed, but not deterred and that they will push through.

"Ruben had his hands up in the air in this position for a full 4, possible 5 seconds," the spokesperson said.

Mecklenburg County District Attorney Andrew Murray announced in this 230-page review for CMPD Officer Guerra, who shot and killed Galindo and acted lawfully.

“The ultimate conclusion is that officer was legally justified in self-defense," Murray said.

Galindo called 911 that night and, through a Spanish interpreter, told dispatch he wanted officers to come get him and he had a gun to turn in.

The four officers who approached Galindo's home later said during interviews they were aware Galindo previously was accused of pointing a weapon at someone.

"They're already in a mode that they're afraid they're going be ambushed. They're going to be shot," the attorney said.

Murray said Galindo's mental health history revealed diagnoses of "paranoid ideations" and "unspecified psychosis."

Toxicology reports later revealed his blood alcohol content was .029 that night.

"Unfortunately, Mr. Galindo was acting irrational, was not being compliant, would not put down a gun down," Murrary said.

Despite telling dispatch it had no bullets, Murray said officers couldn't have known Galindo's intentions.

"The people on the calls, the interpreter on the first call was not competent enough because not everything was translated," Hector Vaca with the organization Action NC said.

Vaca criticized how dispatchers and officer Guerra communicated with Galindo prior to the shooting.

"Officer Guerra did not have full command of the Spanish language, or at least did not appear to, and shifted to a language which Rueben did not understand," Vaca said.

"This decision was a sad decision, the officer should have been held accountable, what they did was unjust," he said.

Friday, the City of Charlotte released a statement on twitter that said, “Any loss of life is tragic. Our thoughts are with the Galindo family as well as officer Guerra and the other officers involved. CMPD remains committed to ensuring the safety of the community it serves, as well as encouraging transparency and open dialogue.”