Cop Shot Man Holding Underwear, Not Gun: DA

A prosecutor says an officer was justified in shooting a man he thought was armed in a dark central Pennsylvania alley, even though it turned out the man had only a pair of black underwear in his hand.

Blair County District Attorney Richard Consiglio did not name the Altoona police officer or the man he wounded about 4:30 a.m. April 8.

Consiglio found the officer was on patrol when he was confronted by the man who raised his hands while holding a dark object the officer thought was a gun. The officer then shot the man in the shoulder.

"The investigation has resulted in the determination that the action of the police officer was justified. The civilian's injury, while certainly very regrettable, occurred due to the civilian's own conduct, which was the major contributing factor in the incident," a news release from the district attorney's office stated, according to WJAC.

Consiglio didn't return a call to determine the man's current condition.

Consiglio says the man was naked from the waist down, except for his shoes.

The DA says neither the officer nor the wounded man will be charged.