UPDATE 9/5: Commonwealth Attorney Gregory Underwood said Friday his office will not pursue charges against the officer who shot and killed 72-year-old Lawrence Faine.
"While the death of Lawrence Faine on June, 4, 2014 was tragic, and properly raises for meaningful discussion many societal issues concerning the care and housing of the mentally ill in our community, under the facts and law of the Commonwealth no criminal prosecution is warranted," Underwood wrote to Chief Goldsmith.
NORFOLK -- Police said an officer shot 72-year-old Lawrence Faine after Faine threatened the officer with a knife Wednesday afternoon. Faine died as a result.
The officer was helping to serve an emergency custody order at Faine's home in Calvary Towers, an assisted living community, located at 850 East Virginia Beach Boulevard.
The shooting happened on the sixth floor of the apartment building at about 3:30 p.m.
Norfolk Police Department spokesman Officer Daniel Hudson said when officers tried to take Faine into custody, he threatened them with a knife, which is when he was shot.
An emergency custody order can be issued by a judge or magistrate when a person is deemed to be a threat to themselves or others.
"It started off being infested with roaches and so forth, and, then, it turned into his lights was out. All the meat spoiled in the refrigerator," said Robert Lee Davis who lived across the hall from Faine. "It smelled like a body, like some person had died."
Faine was in his own apartment Wednesday when he said he heard at least a few gunshots.
"He had borrowed money from me. He had, you know, paid me back. He was a fairly nice guy. I mean, he didn't bother no one, but you could see that he had a little small issue," Davis told 13News Now. "The man was not capable of function alone. It was as simple as that. He was at the point where he needed some professional help."
"He didn't threaten nobody, residents. No, he was most, like they said, he was a more threat maybe to hisself," said another neighbor, who asked not to be identified.
"They had to do what they had to do to protect themselves. After all the officers just lost a police officer last week," she said, referring to Officer Brian Jones who was shot and killed in the line of duty May 30. "It's a tragedy, you know what I'm saying? Ain't nobody trying to lose people like that. They had to do what they had to do, and I'm sorry it happened. We are sorry, Calvary Towers."