CANANDAIGUA, N.Y. — The Ontario County District Attorney and state police gave an update on the shooting death of an off-duty parole officer by a Canandaigua police officer.

District Attorney Jim Ritts and police released the findings of an Ontario CountyGrand jury Monday morning. That grand jury decided that a Canandaigua police officer was justified in shooting off-duty parole officer Sandy Guardiola.

Ritts says although no finding the grand jury made would have brought Guardiola back to her loved ones, it was determined that Sgt. Scott Kadien was justified in shooting her because of her use of deadly force.

“It appears that the gun fired as she was taking it out from underneath her pillow and that`s the shot that went out through the front of the apartment and then the gun was directed towards Sergeant Kadien, said Ontrario District Attorney, Jim Ritts. She actually raised and pointed it at him, at which point he was left with no choice but to fire.”

According to findings in an independent investigation, Sgt. Kadien was doing a welfare check on 48-year-old Guardiola at north pinnacle apartments. After entering the apartment, Sgt. Kadien found her in bedroom and that’s when they say she raised a 9 mm pistol at him and he was forced to return fire.

A grand jury reviewed medical records, witness statements and photographs of the incident. Toxicology reports also revealed that Guardiola had a heavy presence of an anti depressant drug in her system during the time of the shooting. 

"From a toxicology standpoint, there was one drug that appeared to be in a greater than a therapeutic level," Ritts said. "That was Doxypin. We could not determine that was a prescription that Sandy Guardiola ever had. "

Ritts says the family of Guardiola is understandably emotional after hearing these results. As far as Sgt. Kadien, he is expected to be back on duty soon.

Lawyers representing the family of Sandy Guardiola report that the the family is outraged and will be filing a wrongful death lawsuit.