MOTT, N.D. (AP) — A sheriff’s deputy will not face criminal charges for killing a man inside a North Dakota public school after the man refused orders to leave the building and fought with the deputy.

The Hettinger County sheriff’s office says prosecutors declined to file charges after reviewing the April 21 shooting at Mott-Regent Public School.

Sheriff Sarah Warner says the deputy used his stun gun twice on Jeffrie Ray Glover Jr. Warner says that at one point Glover was on top of the deputy with his arm on his neck trying to take the deputy’s knife.

Warner says the deputy drew his gun as he started to blackout and shot Glover once.