A wanted man pulled a gun on a deputy and tried to shoot twice before the deputy shot and injured him, according to the district attorney for Orange County, North Carolina. The deputy acted lawfully and will not be charged in the Aug. 25 shooting, the DA said. 

The gun apparently malfunctioned both times Derick Williams tried to shoot the deputy, according to a report on the shooting by the State Bureau of Investigation and shared by DA Jeffrey Nieman.

What You Need To Know

  •  A man tried to shoot at a deputy twice, but the gun malfunctioned, before a deputy shot him, the DA said

  •  Derick Williams was wanted on several charges in Raleigh, including felony witness tampering, according to the DA

  •  Williams survived the shooting

  •  The deputy will not be charged in the shooting, the DA said Wednesday

Williams had warrants for his arrest out from Wake County for intimidating a witness, a felony, and misdemeanor harassing phone calls and cyberstalking, according to the report.

An alert from the Raleigh Police Department said Williams sent a message to the victim in the case and said: “I told you drop the charges or I’m going to have a shootout with the police and die.” 

The message included a photo of Williams holding a gun.

Deputies with the Orange County Sheriff's Office went to Williams' home on Aug. 25 and surrounded the building. Another deputy drove down a road behind the house, according to the SBI investigation. That deputy saw Williams jogging up the road, the report said.

When Williams saw the deputy, he stopped, pulled out a handgun and pointed it at the deputy, the DA said. 

"The gun appeared to malfunction, and Mr. Williams attempted to clear the malfunction. He then began running back up the driveway toward the residence," the report said. 

The deputy got out of his car and told Williams to drop the gun, according to the report. 

The DA said the deputy "saw Mr. Williams raise the gun and try to fire again while he was running up the driveway. Again, Mr. Williams was unable to get the gun to fire."

That's when the deputy fired at Williams, hitting him three times, the DA said.

EMS took Williams to a hospital where he was treated for his injuries, according to the report. 

"It is always tragic for all involved when law enforcement officers must use deadly force to protect themselves or the public. This incident underscores the potential danger faced by law enforcement officers each day," the DA said. 

"The use of deadly force on this occasion was lawful and reasonable. Nonetheless, the shooting of Mr. Williams is a tragic event, which fortunately did not result in the loss of his life," he said.