ELKHART COUNTY, Ind. – No charges will be filed against a Norfolk Southern Police Officer following the use of deadly force that injured a juvenile suspect in May.

According to the Elkhart County Prosecutor’s Office, Officer Kyle Perry and another officer were attempting to stop the driver of a car that was fleeing from police on May 7th.

Officials report the 13-year-old driver was reported as a runaway and allegedly stole the car from a local body shop.

A press release notes Elkhart Police saw the suspect vehicle driving in an industrial area without headlights around 11 p.m.

The driver was allegedly driving at excessive speeds and swerving all over the roadway.

Officials say Perry was aware that the pursuit was approaching his location so he turned on his lights and siren as the driver pulled into a private yard.

When the vehicle stopped, Perry approached the suspect and attempted to secure him when the suspect threw the car in reverse and backed up, nearly hitting Perry.

The Prosecutor’s Office says Perry believed his life was in danger and used deadly force to stop the driver, firing off seven gunshots.

One of the bullets struck the suspect in the shoulder. He was injured and treated at a hospital where he was later released.

The Elkhart County Grand Jury returned a verdict of “no bill” Wednesday afternoon. Therefore, Perry will not be indicted.