LOS ANGELES (CBSLA.com/AP) — No criminal charges will be filed against a Torrance police officer who mistakenly opened fire on an innocent man’s pickup truck during the manhunt for cop-turned-killer Christopher Dorner.

Officer Brian McGee rammed David Perdue’s truck with his patrol car, then fired three shots through the driver’s side window.  Perdue wasn’t hit but his truck was riddled with bullets. He’s suing the city and officers involved in the shooting, saying he suffered a concussion when his truck’s airbag opened and that he has lingering physical and emotional problems.

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“He now moves slowly and unsteadily,” the lawsuit states. “His speech is altered. He has problems with his memory. He has nightmares.”

Prosecutors concluded McGee’s actions were justified.

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At the time, officers around Southern California were on alert for Dorner, a fired Los Angeles policeman who killed four people during a rampage that ended with his suicide as authorities closed in on him.

“McGee’s actions are analyzed based on the totality of circumstances, which include McGee’s knowledge of Dorner’s previous threats and actions in the days and hours preceding these events, which gave rise to an atmosphere of fear and extreme anticipation,” according to Deputy District Attorney Geoffrey Rendon. “Those circumstances created a situation in which a reasonable mistake of fact, namely that Dorner was driving the truck, nearly resulted in a horrific tragedy.

“Nonetheless, given the circumstances, as detailed above, we conclude that Officer McGee was justified in using force to stop the vehicle and in discharging his firearm. Therefore, prosecution in this matter is declined and this office will take no further action.”

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