We understand the need for police officers to exercise caution when stopping a vehicle and approaching a driver in these strange times, but isn’t there something wrong when their first reaction upon seeing a driver stepping out of his car after being pulled over is to fire a shot?

Yes, the man should have stayed inside his car, but does that justify the use of a gun? In the case of Austin Police Department Officer Justin Boehm who pulled over James Barton on May 8 for running a red light and then shot him seconds after exiting his car, opinions seem to be split.

According to the Travis County grand jury, the answer to the above question is yes, since they decided not to indict him last Friday, but the Austin Police Department that conducted an investigation into the incident itself, reached a different conclusion saying that Boehm overreacted using excessive force and has now indefinitely suspended him.

“He was not consistent with what we expect at the Austin Police Department,” said Chief Art Acevedo, according to a report from NBC affiliate KXAN. “This is a profession where you don’t get a bad day when it comes to deadly force.”

To his defense, during the hearing, the officer said that Barton, 55, came out of his car holding a black object, which later proved to be his wallet. Fortunately, the bullet missed Barton.

VIDEO