“This off-duty officer took action to protect his community
from an obviously dangerous drunk driver who had already crashed
into two parked vehicles. The officer, who never
fired his weapon before on the job, was subsequently forced to
fire in order to protect his own life and to prevent possible
injury to others. We can only speculate
about what might have happened if this out of control drunk driver
was allowed to continue his trail of destruction. A criminal
indictment was unwarranted in this case.”